Case Summary (G.R. No. 131421)
Petition and Applicable Law
Decision Date: November 18, 2002 (governed by the 1987 Philippine Constitution)
Charge: Murder under Article 248, Revised Penal Code, with premeditation, treachery, and use of superior strength
Relief Sought: Review of trial court and Court of Appeals’ convictions for homicide
Charge and Arraignment
Information filed August 24, 1993 alleged that petitioner and Eraso, armed with firearms and with intent to kill, shot Silvestre Balinas causing instantaneous death. Both pleaded not guilty at arraignment on September 22, 1992.
Factual Antecedents
A police–CAFGU team, including petitioner (armed with a .45 pistol) and Eraso (armed with an M16 rifle), lay in wait for suspected cattle rustlers. At about 11:00 p.m., they saw a half-naked man approach. Eraso fired first; petitioner immediately fired a single shot. The victim fell, cried out, and died from gunshot wounds; he was later identified as Silvestre Balinas.
Medical and Ballistic Findings
Dr. Rhodora Antenor’s post-mortem revealed two wounds: one superficial arm wound and a fatal mid-inner thigh wound with multiple metallic fragments. NBI Ballistician Elmer Piedad identified one fragment as part of a 5.56 mm jacketed bullet (M16 ammunition). Two additional fragments could not be conclusively linked to petitioner’s .45 caliber pistol.
Petitioner’s Account
Petitioner testified he mistook the rapid rifle bursts behind him for enemy fire and, without intent to kill, fired his .45 pistol eastward to demoralize the supposed enemy. He later learned someone had been shot accidentally.
Trial Court and Court of Appeals Rulings
The Regional Trial Court (April 22, 1994) and the Court of Appeals (June 26, 1997) convicted both defendants of homicide, applied the Indeterminate Sentence Law, and imposed prison sentences (8 years + 1 day to 14 years 8 months + 1 day). The CA affirmed despite petitioner’s denial of conspiracy. Eraso’s separate petition was denied and became final.
Issue on Conspiracy
Both lower courts held that petitioner and Eraso conspired to kill, making each act attributable to both. The Supreme Court found no allegation of conspiracy in the Information—neither the terms “conspired,” “confederated,” nor equivalent appeared. A conspiracy must be specifically alleged and proved beyond reasonable doubt; mere simultaneity or concerted reaction does not suffice.
Issue on Ballistic Evidence and Individual Liability
The trial court’s inference that petitioner’s .45 caliber bullet inflicted the fatal wound was unsupported. Scientific examination showed the fatal fragments originated from a 5.56 mm round, not a .45. Under the equipoise rule, unresolved doubt on an element fatal to guilt mandates acquittal of that charge.
Reduction of Offense to Illegal
...continue readingCase Syllabus (G.R. No. 131421)
Facts
- On May 25, 1992 at Sitio Paitan, Barangay Sagasa, Municipality of Esperanza, Sultan Kudarat, a police–CAFGU team lay in wait for alleged cattle rustlers.
- The team comprised SPO4 Geronimo Dado (armed with .45 pistol), CAFGU member Francisco Eraso (M16 rifle), Alfredo Balinas and Rufo Alga (both M14 rifles).
- Approx. 11:00 PM, a half-naked man approached. Eraso fired first at 5 m distance; Dado immediately fired one .45-caliber shot eastward.
- The victim proved to be Silvestre “Butsoya” Balinas Jr., nephew of Alfredo Balinas, not a rustler; he fell shouting “aTay Dolfo, ako ini.”
- Dr. Rhodora T. Antenor’s autopsy revealed two entry wounds: one on the right arm (non-fatal) and one on the mid-inner thigh causing pelvic organ damage. Three metallic slugs were recovered.
- NBI Ballistician Elmer D. Piedad testified that SB-1 was part of a 5.56 mm jacketed bullet; SB-2 and SB-3 could possibly be its lead core but he expressed doubt.
Procedural History
- August 24, 1993: Information charged Dado and Eraso with murder (Art. 248 RPC) with treachery, premeditation, superior strength.
- September 22, 1992: Both pleaded not guilty; trial ensued.
- April 22, 1994: Regional Trial Court, Branch 19, Sultan Kudarat convicted both of homicide, sentenced under the Indeterminate Sentence Law to 8 years + 1 day to 14 years 8 months + 1 day, ordered indemnities.
- June 26, 1997: Cou