G.R. No. 94210 - People vs. Calo Jr.

Case Summary (G.R. No. 94210)

Factual Background

The evidence for the prosecution traced a prior corporate dispute and hostile exchanges involving Corvera and Calo. It showed that Corvera had been vice-president and manager of the Nasipit Integrated Arrarre Stevedoring Services, Inc. (“NIASSI”), and that he was replaced on thirteen June 1986 by Benjamin Jaramillo, another stockholder. Corvera questioned the election of corporate officers before the Securities and Exchange Commission (“SEC”), prompting the SEC to issue a restraining order, which Calo received. The prosecution also testified that Calo told Jaramillo there was no need to worry about Corvera’s SEC complaint, and that Calo was heard to remark that it was better to “liquidate” Corvera because he was troublesome. The same threatening posture was allegedly repeated in a meeting at Jaramillo’s office on twenty November 1986, when Calo again threatened to liquidate Corvera.

On six March 1988, Jaramillo received an injunction order from the SEC dated twenty-nine February 1988. On seven March 1988, Jaramillo went to NIASSI to reassume his position. In the afternoon of seven March 1988, Corvera, together with Engr. Berido, Tiburcio Guno, and Col. Esparagoza (retired), went to Jaramillo’s office to congratulate him. The prosecution narrated that Calo arrived with bodyguards, including Macapas and Ignacio Albarrigo, banged the door, and shouted at those inside to get out. Calo allegedly pointed at Corvera and announced: “I will see you dead!”

The fatal incident in Criminal Case No. 3464 occurred during the scheduled proceedings in the RTC on ten March 1988. The record showed that Executive Judge Dabalos, Atty. Rosales, Corvera, Calo, court personnel Arturo Cinco and Calixtro Berol, Fiscal Ambrosio Gallarde, and several spectators, including Dr. Nelson Obenita, were present. Atty. Rosales moved to reset the hearing, explaining that Corvera was booked on a ten o’clock a.m. flight to Cebu. Calo opposed the resetting, stating that he himself was scheduled to take the same flight.

At about nine-thirty a.m., Corvera took the witness stand. Atty. Rosales observed that while Calo was cross-examining, Calo appeared more agitated and tense than usual. At about ten o’clock, the parties agreed to reset the hearing to twenty-two April 1988. Immediately after the judge adjourned by banging the gavel, Calo stood up and walked toward the eastern door. Macapas left ahead of Calo, but Calo overtook Macapas. Atty. Rosales was about to leave when he saw Macapas return to the courtroom holding a revolver. Macapas then pointed the gun at Corvera. Corvera attempted to open the western door but could not exit. Corvera raised his hands and pleaded “Ayaw, ayaw, ayaw” (“Don’t, don’t, don’t”). Corvera tripped while retreating, grabbed a chair to shield himself, and continued pleading for Macapas to stop.

The prosecution’s narration stated that despite Corvera’s pleas, Macapas aimed and pressed the trigger, causing Corvera to fall with his hands and feet shaking. Macapas drew closer and fired again. Macapas then turned away calmly and left as he had entered. Corvera could not be lifted immediately, but others assisted, and Corvera was brought downstairs and taken to the hospital. Fiscal Gallarde was also described as emerging from beneath the lawyers’ table, pale and scared.

The Attack in and around the Courtroom

Additional testimony located the movements of Calo, Macapas, and the alleged get-away vehicle. Fernando Casinao was with the group that morning. He stayed at the lobby near the eastern door while Corvera, Raul Abao, and Larbonita entered the courtroom. Shortly before ten o’clock, Casinao saw security men of Calo near the western door. He saw Calo leave the courtroom through the eastern door. A woman approached and conversed briefly with Calo. After the woman left, Macapas walked toward Calo. The prosecution’s evidence stated that Calo handed over a revolver to Macapas, and Macapas then returned to the courtroom. At that time, Calo’s security guards were near the stairs while Larbonita stood about a foot away to the left of Casinao.

Casinao attempted to follow Macapas, but someone near the door pushed Casinao back, sending him to the railing. A burst of gunfire and then two more gunshots followed. Casinao dashed to the courtroom, but on the way he bumped into Macapas at the eastern door. Casinao then saw Corvera lying flat on his back near the western door with his feet toward the podium. Since Corvera was still alive and Atty. Rosales unsuccessfully tried to lift him, Casinao rushed downstairs, summoned help, and sought to take Corvera quickly to Santos Hospital.

Pacifico Larbonita, described as a 63-year-old “alalay” of Corvera, left the courtroom at about ten o’clock and went near the eastern door, squatted a meter away, and smoked. When Calo exited the courtroom, Larbonita stood up. Calo remained about two feet away from the eastern door. A lady approached and conversed with Calo for about five seconds. After the lady left, Macapas came out of the courtroom and Calo allegedly handed a gun over to Macapas. Larbonita testified that he could not see where Calo obtained the gun. Larbonita then heard a gunshot and two more gunshots moments later.

The Immediate Aftermath and the Failure of Identification of the Get-away Driver

The testimony of Dr. Obenita connected the killing to a rapid departure by a man later identified as Macapas. Dr. Obenita attended to the hearing inside the courtroom. After the court adjourned, he signed the certificate of attendance and exited through the gallery entrance. Outside the courtroom, he saw Casinao and then descended the capitol building through the main entrance. In the garden barely twenty meters away, Dr. Obenita heard gunshots. He turned and saw, moments later, a man rushing down the capitol stairs. The man proceeded to a vehicle parked by the side of the provincial treasurer’s office. Dr. Obenita recognized that man as Macapas, who boarded the vehicle and sat on the right seat of the driver’s side, with the driver remaining unknown in the prosecution narrative.

Maj. Rolando T. Brillantes, assistant provincial commander for operations in the PC-INP in Agusan del Norte, discussed events before and after the shooting. He was in the office of the provincial governor between nine and nine-thirty a.m. on ten March 1989 to discuss a laborers’ strike in Nasipit. He heard a commotion outside and was informed that Mayor Corvera had been shot. He then observed the “car of Mayor Calo” speeding away, apparently toward the highway direction of the DBP.

Maj. Evacueto de los Santos, deputy station commander and operations officer of the Butuan Police Station, learned of the incident from a radio operator. He proceeded to the capitol building. He met PC Major Brillantes and PC Captain Godofredo de los Santos. When Major de los Santos was briefed, the “armored car” of Calo returned to the capitol grounds. Major de los Santos was directed to apprehend the driver and bring him to the police station for investigation. At the police station, the driver, Allocod, allegedly denied involvement.

Despite these circumstances, the Supreme Court later highlighted a critical defect: no witness could definitively identify the driver of the get-away car. Maj. de los Santos testified that Allocod had been apprehended because he “came back” to the capitol grounds. This circumstance, while linking Allocod’s presence to the incident, did not supply the indispensable quantum of proof required for conviction.

The Victim’s Injuries and Medical Findings

Corvera sustained three gunshot wounds. The record described a wound on the right arm fracturing the scapula with the bullet lodged at the trapereus muscle of the back. A second wound on the chest pierced the skin, costal muscle, blood vessels, and the right lobe of the lung, with the bullet lodged at the sorratus anterior muscle. The third wound on the abdomen below the umbilicus pierced the abdominal muscle, the small intestines, and the abdominal aorta, subclavia vein, with the bullet lodged at tissue above the latissimus dorsi muscle. Dr. Elsie Caballero concluded that Corvera died of “shock, internal hemorrhage, (and) multiple gunshot wound(s).”

Procedural History: Bail, Judge’s Inhibition, and Trial

After the attack, a new charge for murder was filed against Macapas, Calo, and Allocod. The information alleged that on or about the morning of ten March 1988, at the Capitol Building in Butuan City, and within the RTC’s jurisdiction, the accused conspired and used treachery and evident premeditation to assault and shoot Corvera with intent to kill, resulting in his death. The information also alleged aggravating circumstances involving contempt and insult to public authorities and the location where public authorities were engaged in the discharge of duties.

On eight December 1988, Executive Judge Dabalos ordered the raffle of the case and the issuance of a warrant of arrest without bail against Macapas. Bail was fixed at P50,000.00 for each of Calo and Allocod. The complainant Corvera’s son challenged the legality of that bail before the Court of Appeals, which on thirty-one January 1989 set aside the order and directed the lower court to conduct a hearing to determine whether evidence of guilt was strong. On eight February 1989, Executive Judge Dabalos indorsed the case to Judge Jose Adao of the same RTC, citing inhibition due to a previous lawyer-client relationship with one of the accused. On the next day, Judge Adao placed Calo and Allocod in custody at Camp Rafael Rodriguez after the accused surrendered voluntarily. After a hearing, Judge Adao set bail at P100,000.00 for Calo and P60,000.00 for Allocod.

The prosecution pursued higher relief. The Supreme Court, upon petition docketed as G.R. No. 87194, issued on fifteen March 1989 a temporary restraining order preventing enforcement of the bail order while the Court of Appeals was to resolve

Case Syllabus (G.R. No. 94210)

Parties and Procedural Posture

People of the Philippines prosecuted Pablo Macapas, Tranquilino O. Calo, Jr., and Belarmino Allocod for murder.
The Regional Trial Court case involved Criminal Case No. 3464, filed in connection with the 10 March 1988 shooting of Mariano Corvera, Sr.
The Court issued an order requiring the change of the assigned judge due to disqualification concerns, and the trial proceeded before the designated Regional Trial Court judge.
Calo and Allocod were arraigned on 31 March 1989 and pleaded not guilty.
The trial court rendered a decision on 16 March 1990 convicting Calo and Allocod for murder.
Calo and Allocod filed a notice of appeal after denial of their motion for reconsideration.
During the pendency of the appeal, Tranquilino O. Calo, Jr. died, and the appeal continued only as to Allocod, pursuant to People vs. Bayotas.
The appeal resulted in the dismissal of the case as to Calo and the acquittal of Allocod.

Key Factual Allegations

The prosecution alleged that Mariano Corvera, Sr., a former mayor of Nasipit in Agusan del Norte, was shot inside the courtroom of the Regional Trial Court, Branch II, Butuan City.
The information charged that on or about the morning of 10 March 1988 at the Capitol Building, Butuan City, the accused, with intent to kill, treachery, and evident premeditation, conspired to attack and shoot Corvera with a handgun, causing his death.
The information alleged aggravating circumstances that the killing was committed in contempt of or with insult to public authorities and in a place where public authorities are engaged in the discharge of their duties.
The narration included prior threats by Calo to “liquidate” Corvera, including statements to Jaramillo and a meeting with Mayor Pedrito Carmona on Jaramillo’s birthday and the eleventh anniversary of NIASSI.
The prosecution described the crucial courtroom sequence: after the judge adjourned and while Calo’s conduct appeared tense, Macapas returned holding a revolver, aimed, and fired multiple times at Corvera.
The prosecution connected Calo to the presence of security personnel near the courtroom doors and to the alleged transfer of a revolver to Macapas.
The prosecution described a “get-away” scenario in which a vehicle departed with a driver, and police later apprehended a person believed to be the driver only after the armored car returned to the capitol grounds.
The prosecution stated that police authorities were unable to apprehend Macapas.
The trial court found culpability for both Calo and Allocod, but the Supreme Court ultimately found insufficient proof beyond reasonable doubt as to Allocod.

Evidence Presented at Trial

Atty. Rosales testified that while Calo conducted cross-examination, Calo appeared unusually agitated and tense, and that Macapas later calmly returned to the courtroom holding a revolver.
Corvera attempted to escape by opening the western door, pleaded “Ayaw, ayaw, ayaw,” tripped, grabbed a chair to shield himself, and still was shot multiple times by Macapas.
Fiscal Ambrosio Gallarde emerged from under the lawyers’ table pale and scared during the incident.
Fernando Casinao testified that he saw Calo leave the courtroom through the eastern door, that Calo interacted briefly with a woman, and that Calo handed a revolver to Macapas.
Casinao testified that he tried to follow Macapas but was pushed back near the eastern door, after which bursts of gunfire and subsequent gunshots occurred.
Casinao stated that after Corvera fell and was being assisted, he saw Macapas later descend the stairs, go to a parked vehicle near the provincial treasurers office, board it, and depart.
Pacifico Larbonita testified that he saw security men and that when Calo left the courtroom, he stood near the eastern door; he later heard gunshots after the alleged transfer of a gun from Calo to Macapas.
Dr. Nelson Obenita testified that he heard gunshots, saw Macapas descend the stairs, enter a ve