Title
People vs. Alegarbes, Jr.
Case
G.R. No. L-49761
Decision Date
Sep 21, 1987
A soldier abused his authority, brutally assaulted, and shot an unarmed civilian, leading to his death. The court convicted him of murder, affirming treachery and abuse of position as aggravating factors.
murder
soldier
assault
A

Case Summary (G.R. No. L-49761)

Factual Background

The prosecution narrated that earlier that evening, the victim Arlington Rara was mauled by a group led by Gorio Balani. While Rara was still lying in the middle of the road, two soldiers—together with some civilians who reported the incident—arrived. The soldiers raised Rara and brought him to a nearby store so he could sit. They investigated him about the mauling. Because Rara could not identify his assailants and was not a resident of the place, the soldiers decided to bring him to their checkpoint to rest. Before they could do so, the accused, then a soldier connected with the 40th Infantry Battalion and designated as Assistant Chief of the Military Police assigned in Bacolod, arrived. The accused began investigating Rara. When Rara could not identify the persons who mauled him, the accused struck him with the back of his left hand, causing him to fall. The accused then pulled Rara’s hair, fired his revolver at the side of Rara without hitting him, and again asked for the identity of the attackers. When Rara again could not name his assailants, the accused took off the victim’s belt and whipped him with it until its buckle was taken off. Rara knelt and asked forgiveness, but the accused reacted by telling him that he was not God and that he was not the one who mauled him. Immediately thereafter, the accused pulled Rara’s hair with his left hand, drew his revolver with his right hand, and shot Rara pointblank, hitting him on the neck. Rara fell with his head bent downward. After one of the soldiers verified the wound, the accused ordered that Rara be taken to a doctor. Rara was brought to the clinic of Dr. Daranan, where he died shortly thereafter.

The autopsy of the cadaver was conducted by Dr. Guillermo Layos, who issued a post-mortem report. The doctor testified that there was a bullet wound about one-third centimeter in diameter with an entrance edge inward, located over the anterior aspect of the neck about one centimeter below the adam’s apple, with the trajectory directed slightly posteriosly upward. He also testified to the presence of powder burns over the exterior aspect of the neck. The trial court relied on the doctor’s testimony that the powder burns indicated that the firearm was fired only about one foot away.

Defense Version

The accused denied responsibility for the fatal shooting. He claimed that at 9:00 o’clock in the evening of April 23, 1978, he was on patrol in the marketplace and, at the checkpoint, a civilian reported that a person was being mauled by a group of men. The accused said he proceeded to the place with his service rifle (Armalite) and that he was also armed with a hand grenade, but without any other firearm. He stated that while he was on his way, he heard a shot and, from experience, believed it was from a .22 caliber firearm. When he arrived, he was informed that five persons participated in the mauling. He alleged that someone passed behind him and attempted to assault him, so he blocked the attacker with his Armalite and fired a warning shot upward. A civilian later told him that his warning shot hit somebody, and he replied that it was impossible because he fired upward. He then inspected the victim, saw the wound in the neck, and ordered that the victim be brought to the clinic.

Trial Court Findings and Proceedings

The trial court, from the evidence presented, found the following sequence: around 7:00 o’clock in the evening, the victim Arlington Rara was seen lying unconscious on the road at the poblacion of Bacolod near the house of Pablita Mejorada, who informed persons in the store of Martin Pumicpic, her neighbor. Two persons, Damian Argao and Andres Pumicpic, went to the MP Detachment about one hundred meters away to inform the soldiers. Two soldiers responded, brought Rara to the premises of the store, and tried to determine who mauled him. Rara told them that he did not know. As the soldiers prepared to take him to the MP checkpoint, the accused arrived, wearing short pants and a white T-shirt. The accused proceeded to investigate Rara as to who mauled him. After repeated questioning and Rara’s continued answer that he did not know, the accused struck him with the back of his left hand, causing him to fall. The accused then pulled Rara’s hair, took his revolver from his waist, fired toward the side of the victim but did not hit him, and, after still not receiving an answer, whipped the victim with his belt five times at the back. Rara knelt and asked forgiveness; the accused responded, “Why should you ask forgiveness from me when I am not God and I was not the one who mauled you?” The accused then pulled Rara up by the hair, took his revolver again, and shot Rara on the neck below the adam’s apple.

The trial court rejected the accused’s claim that Rara tried to assault him. It did not give credence to that defense because the victim was already groggy from the earlier mauling by unknown persons, and because the prosecution’s eyewitnesses contradicted the accused’s narrative.

The Parties’ Contentions on Appeal

On automatic review, the accused assigned errors. First, he challenged the conviction, insisting that the lower court erred in holding him responsible for the death and in convicting him of murder. Second, he argued that even assuming responsibility, the trial court erred in considering treachery as a qualifying circumstance. Third, he argued that the lower court erred in considering abuse of public position and cruelty as ordinary aggravating circumstances. Fourth, he asserted that the trial court erred in failing to consider lack of intention to commit so grave a wrong and voluntary surrender in his favor.

Supreme Court Ruling

The Supreme Court found no merit in the assigned errors and affirmed the conviction. It held that the killing was supported by the testimonies of three eyewitnesses, namely Damian Argao, Andres Pumicpic, and Rey Salvacion, who had witnessed the incident. The Court stated that none of the witnesses had reason to testify falsely against the accused, and it refused to disturb the trial court’s assessment of their credibility.

As to the defense, the Supreme Court held that the accused’s version was not corroborated. The Court reasoned that the defense narrative was inconsistent and unpersuasive, particularly because it asserted that the accused heard a shot on the way to the checkpoint, while the defense theory necessarily implied that the victim had already been shot by the time he arrived. The Court further ruled that the accused’s uncorroborated account could not prevail over the consistent eyewitness testimony establishing the prosecution’s account.

On the qualifying circumstance, the Supreme Court affirmed the presence of treachery, holding that the victim was not in a position to defend himself when he was unexpectedly shot by the accused. The victim was unarmed and helpless, and the Court characterized the assault as senseless.

On aggravating circumstances, the Court sustained the appreciation of abuse of public position and cruelty. It ruled that the accused took advantage of his status as a soldier when he maltreated and killed a civilian whom he was supposed to protect in the performance of his duties. It described as cruel and abusive the acts inflicted on the victim before the shooting, including striking and boxing the victim, whipping him with the victim’s own belt, firing the pistol in the air to threaten him, and shooting him while he was kneeling and helpless. The Court viewed these acts as conscious, deliberate conduct to torture and intimidate, reflecting heartlessness and lack of mercy.

The Court rejected voluntary surrender. It held that the record did not show a spontaneous acknowledgement of guilt or a desire to save authorities from the trouble and expense of capture. It further observed that the accused did not actually surrender to the police; instead, he merely informed police headquarters about the incident, and the Court noted that he attempted to mislead the authorities by claiming he was not the one who shot the victim. Consequently, it likewise denied the mitigating circumstance claimed by the accused insofar as it depended on establishing the factual predicates required for mitigation.

Legal Basis and Reasoning

The Supreme Court’s reasoning r

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