G.R. No. 171681 - Abrera vs. Barza

Accused Mario Tabaco was charged in four related informations with four counts of Murder for the killings of:

In a separate information (Criminal Case No. 10-316), Tabaco faced charges for Homicide with Frustrated Homicide concerning:

The incident occurred on March 22, 1987, at the Octagon Cockpit Arena in Aparri, Cagayan, during a cock derby sponsored by the 17th PC under Lt. James Andres Melad.
Several peace officers in uniform were assigned for security, including members of the 117th PC and INP personnel.
Accused Tabaco, in civilian clothes, claimed he was there on orders from his commanding officer of the 117th PC to verify the presence of NPAs and assist in VIP protection.

Tabaco arrived at the scene around noon and made his way into the cockpit arena.
He observed several persons inside, most of whom were armed; believing these individuals were government personnel, he did not verify their identity.
Tabaco eventually took a seat at the lower bleachers (first row) of the slanted seating area.

At about 9:00 p.m., eyewitnesses testified that Tabaco suddenly stood up from his seat and, with his M-14 rifle in hand, directed the weapon toward a group of individuals seated at the fourth (upper) row.
He then fired three successive bursts of automatic gunfire, which resulted in the death of Mayor Arreola, Capt. Tabulog, Rigunan, and Regunton.
In the case involving Jorge Siriban and Sgt. Raquepo, Tabaco’s actions during a grapple for control of his weapon resulted in Siriban’s death and Raquepo’s injuries.

Eyewitness testimonies from Antonio Villasin, Rosario Peneyra, and Fireman Rogelio Guimmayen established that Tabaco fired directly toward the victims.
Additional corroborative testimonies were provided by PC Sgt. Raquepo, Pat. Mariano Retreta, and PC Sgt. Rogelio Ferrer.
Physical evidence included the recovered M-14 rifle (with an empty magazine containing remnants of live rounds), spent bullet shells found in the cockpit arena, and the observation of gunshot trajectories.
Notably, Tabaco’s account described his firing a warning shot upward when he first heard a gun report, a claim contradicted by the eyewitnesses who observed him aiming and firing toward the victims.

Tabaco contended that he had fired a warning shot aimed at the roof of the arena rather than at the victims.
He maintained that when he attempted to leave the cockpit, a struggle ensued with fellow officers—particularly with Pat. Retreta—resulting in the accidental discharge that wounded Sgt. Raquepo and fatally shot Jorge Siriban, Jr.
According to his defense, he surrendered the following morning at Lallo, Cagayan—not voluntarily, but under circumstances linked to the shooting incident involving Siriban and Raquepo.

The trial court found Tabaco guilty beyond reasonable doubt on all counts by giving greater credence to the eyewitness accounts over the accused’s denials.
It held that the collective testimonies, corroborative evidence (including forensic findings and the physical state of the recovered weapon), and the sequence of events unequivocally identified Tabaco as the assailant.
The court opined that although Tabaco’s M-14 was discharged in a burst of automatic fire—which some contended might constitute a single act—the multiple shots proved that each victim was struck by a separate bullet.

Whether the eyewitnesses’ positive identification of Tabaco as the shooter should override Tabaco’s claim of having fired only a warning shot.
The extent to which the trial court’s evaluation of witness credibility, built on direct observations and detailed recollections, is entitled to deference on appeal.

Whether the shooting (despite being part of a continuous burst from an automatic weapon) constitutes one complex crime or multiple distinct criminal acts.
The application (or misapplication) of Article 48 of the Revised Penal Code in consolidating several offenses into one Information and its impact on sentencing.

Whether imposing a single penalty of reclusion perpetua for the four murder counts is legally sound when each victim was allegedly hit by separate shots.
The legal ramifications of separating the multitude of criminal acts rather than treating them as a single, compounded offense.