Case Digest (G.R. No. 124853)
Facts:
In People of the Philippines vs. CIC Gilbert Peralta y Ringor (G.R. No. 128116, January 24, 2001), the accused-appellant Gilbert Peralta, a police intelligence operative of the Central Police District, was charged with the murder of Louise Rimando y Medina on July 3, 1991, in Quezon City. Rimando and three companions—Crizaldo Esguerra, Delfin Soriano, and Danilo Gaa—were fraternity brothers and had picked up prostitutes when they met a gay pimp, Roberto Reyes, in front of Aberdeen Court Hotel. Peralta, in civilian clothes and riding in a taxi, claimed to be conducting a prostitution surveillance. A heated verbal exchange ensued between Peralta and Rimando at the corner of Quezon and West Avenues after the jeep carrying Rimando stopped. Witnesses testified that Peralta brandished and fired his .38 caliber service revolver twice, striking Rimando in the abdomen. Rimando died on July 7, 1991. The trial court found Peralta guilty of murder, qualifying the act by treachery and evidenCase Digest (G.R. No. 124853)
Facts:
- Accusation and Information
- On July 3, 1991, in Quezon City, appellant Gilbert Peralta y Ringor was charged with murder under Article 248 of the Revised Penal Code, qualified by evident premeditation, treachery, and superior strength.
- The Information alleged that appellant, with intent to kill, shot Louise Rimando y Medina twice, inflicting mortal wounds.
- Prosecution Evidence
- Eyewitness testimony (Crizaldo Esguerra, Delfin Soriano, Danilo Gaa):
- Rimando and three fraternity brothers sought prostitutes at Aberdeen Court Hotel.
- Appellant, in a taxi, followed them, approached Rimando—who displayed an NBI ID—and after an argument lasting 2–3 minutes, shot him twice while he was seated in the jeep.
- Medical evidence (Dr. Sergio Alteza, Jr.):
- Autopsy showed two entry wounds in the right lumbar and lumbar regions, multiple perforations of the jejunum and sigmoid colon, and fatal hemoperitoneum.
- Bullet trajectories indicated Rimando was seated and vulnerable on his right side.
- Defense Evidence
- Appellant’s testimony:
- A CIC police officer conducting an undercover mission against prostitution, in civilian clothes, armed with a .38 caliber firearm.
- Attempted to arrest suspected prostitutes; Rimando interposed himself, grabbed appellant’s forearm and gun, and two shots accidentally discharged during a struggle.
- Supporting testimony (Roberto Reyes):
- Confirmed appellant warned of arrest, followed the jeep, and engaged in a scuffle over the gun resulting in two accidental shots.
- Trial Court Decision
- The Regional Trial Court, Quezon City, Branch 106 (Judge Tabiolo) found appellant guilty beyond reasonable doubt of murder and imposed reclusion perpetua plus indemnities (₱50,000 civil, ₱57,000 actual, ₱35,000 moral, ₱35,000 exemplary).
- Appeal and Assignments of Error
- Self-defense was erroneously rejected.
- Treachery was improperly appreciated.
- Credibility of Reyes was unduly disregarded.
- Civil and moral damages awards were excessive and improper.
Issues:
- Whether appellant established the justifying circumstance of self-defense.
- Whether qualifying circumstances of treachery and evident premeditation attended the killing.
- Whether the trial court erred in discrediting the testimony of Roberto Reyes.
- Whether appellant’s acts were performed in the lawful exercise of duty as a police officer.
- Whether the awards for civil indemnity, actual, moral, and exemplary damages were proper.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)