Case Digest (G.R. No. 116744-47)
Facts:
People of the Philippines v. Bernardo "Toldo" Panes, G.R. Nos. 116744-47, August 29, 1997, Supreme Court Second Division, Puno, J., writing for the Court. The criminal case arose from four informations for murder filed on September 30, 1987, in the Regional Trial Court, 11th Judicial Region, Branch 26, Surallah, South Cotabato, charging Bernardo "Toldo" Panes (at large) and soldiers Manuel Panes, Wilson Velasco and Noel dela Cruz with the killing of four members of the Cocjin family (Criminal Case Nos. 583–586 Sn).
The informations alleged that on March 13, 1987 at about 3:00 p.m. at Purok Baras, Barangay Roxas, Sto. Niño, South Cotabato, the four accused, armed with high-powered firearms and acting with treachery, evident premeditation and superior strength, shot and killed Juanillo Cocjin, Sr., Steve Cocjin, Conrado Cocjin and Jimmy Cocjin. At arraignment on November 20, 1987, the three military accused pleaded not guilty; Bernardo Panes remained at large. The three were tried jointly before the Regional Trial Court.
The prosecution presented the testimony of Demetrio Paypon, Jr., the sole eyewitness, who described seeing the four victims standing near Toldo Panes’s fence, then observing Toldo wave toward the house of his son-in-law; shortly thereafter the three military accused emerged armed with armalite rifles and began shooting. Paypon gave a detailed account of each victim being shot—Juanillo falling to his knees and being shot repeatedly, Jimmy running to his father and being shot, Conrado chased with a bolo by Toldo and then shot by dela Cruz, and Steve being pushed to the ground and shot by Velasco. Paypon executed an affidavit identifying Manuel Panes, Noel dela Cruz and Wilson Velasco and Toldo Panes as the perpetrators. Autopsy and medical evidence introduced by the prosecution showed multiple, fatal gunshot wounds on the victims.
The accused testified that they had been patrolling earlier that day, encountered Toldo being chased by the Cocjins with bolos, and acted in self-defense after being attacked; they also presented medical certificates and testified they surrendered to police. No bolos were recovered at the scene, and Paypon testified he did not see any of the Cocjins with bolos.
The Regional Trial Court convicted Manuel Panes, Noel dela Cruz and Wilson Velasco of murder in each of the four ca...(Pro-only)
Issues:
- Did the accused prove self-defense sufficient to acquit them of murder?
- Did the killings exhibit treachery so as to qualify the crime as murder?
- Were the accused guilty of conspiracy, rendering them collectively liable for ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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