G.R. No. 73489 - People vs. Gapasin

Case Summary (G.R. No. 73489)

Petitioner and Respondent

Petitioner/Plaintiff-Appellee: People of the Philippines. Accused/Respondent-Appellant: CIC Loreto Gapasin (with co-accused originally charged but trial proceeded primarily against Gapasin and Lorenzo Soriano).

Key Dates

Offense: on or about October 6, 1979. Arrests and bail events occurred from late 1979 through 1984; transfer to Military Tribunal and return to trial court occurred between 1980 and 1981; arraignment June 1, 1981; denials of bail through 1984; trial concluded and lower court decision rendered prior to appeal; final decision of the Supreme Court rendered April 25, 1994. Because the decision date is after 1990, the 1987 Constitution governed the resolution of penal consequences in this appeal.

Applicable Law

The information charged murder qualified by treachery under Article 248 of the Revised Penal Code, with reference to penalty provisions including Article 64(3) (as to aggravating circumstances and appropriate penal ranges). The Supreme Court applied the controlling constitutional standard in effect at the time of decision (the 1987 Constitution) in determining that the death penalty was constitutionally abhorrent and therefore inappropriate as the imposed sanction.

Nature of the Charge and Allegations

The information alleged that on October 6, 1979, Gapasin and others, conspiring and confederating, with evident premeditation and treachery, willfully and with intent to kill attacked and shot Jerry Calpito with an Armalite rifle issued to the accused PC soldier, inflicted multiple wounds, stepped on and kicked the victim, and caused instantaneous death by hemorrhage due to gunshot wounds. The information alleged aggravating circumstances including ignominy, abuse of superior strength, and taking advantage of public position; initial alleged compensatory damage was P12,000.00.

Procedural History

Warrants were issued December 14, 1980. Several accused posted bail and were released; Gapasin was initially kept in custody and later ordered remain in military custody at one point. The prosecution sought transfer to the Military Tribunal under LOI Nos. 947 and 1011; the trial court ordered cancellation of bail and transfer to military jurisdiction in August 1980, and the accused were rearrested pursuant to military endorsement. The case was returned to the trial court by General Order No. 69 on January 12, 1981. Over time, several accused absconded or were released on bail, and trial proceeded against Gapasin and Soriano. Gapasin’s multiple motions for bail were denied by the trial court; an intermediate appellate court later ordered his transfer to his military commander’s custody pursuant to P.D. No. 1850. After trial, the Regional Trial Court convicted Gapasin of murder qualified by treachery and imposed reclusion perpetua and monetary damages; Gapasin appealed.

Facts Found at Trial — Eyewitness Testimony

Prosecution eyewitness Alberto Carrido testified that on October 6, 1979, after attending a “pamisa,” Carrido, Rodrigo Ballad, and Jerry Calpito were walking when Calpito was shot by Gapasin with an Armalite rifle; after Calpito fell Gapasin fired additional shots. Amor Saludares allegedly planted a .22 revolver on Calpito’s left hand. Upon hearing shots, Faustina Calpito ran to aid her husband but was threatened by Nicanor Saludares; the Saludares group chased relatives away. The trial court credited these eyewitness accounts.

Medical Evidence (Autopsy)

Dr. Bernardo Layugan conducted the autopsy and found four gunshot wounds: (1) right lateral arm fracturing the humerus; (2) right lateral thorax between the 7th and 8th ribs with exit wound at the sternum; (3) left anterior thorax between the 5th and 6th ribs; and (4) right fronto-parietal head wound severing skull and brain tissue. Dr. Layugan opined the victim was standing when shot by someone positioned on his right. The autopsy did not reveal additional injuries (e.g., bruises or contusions) suggesting kicking.

Defense Account — Claim of Self‑Defense

Gapasin claimed he was on a mission to investigate reports of unidentified armed men and had been directed to consult Nicanor Saludares regarding unlicensed firearms. He alleged he and Nicanor encountered Calpito during a funeral-related gathering, confronted him about a weapon bulging at his waist, and that Calpito allegedly stepped back, drew a firearm, and fired twice from in front of Gapasin. Gapasin claimed he dropped to the ground and returned fire in self-defense. He also relied on the context of a sanctioned mission and his issuance of an Armalite.

Standard of Review and Witness Credibility

The Supreme Court emphasized deference to the trial court’s evaluation of witness credibility, noting that appellate courts read only cold records while trial judges observe witnesses and hear testimony in colloquial dialects requiring translation. The Court reiterated that kinship between witnesses and the victim does not per se establish bias sufficient to discredit testimony absent proof of ill motive; it invoked precedent that such relationships often make false testimony improbable because relatives seek justice.

Rejection of Self‑Defense and Physical Evidence

The Court found Gapasin’s self-defense claim inconsistent with the physical evidence. The autopsy showed multiple gunshot wounds entering the right side of the body and a right-sided cranial wound, supporting the conclusion the shooter was to the victim’s right. The nature, number, and distribution of wounds, particularly the head wound, negated the plausibility of Gapasin’s account of being fired upon from the front and merely returning fire; such physical evidence disproved the plea of self-defense.

Treachery and Evident Premeditation

The Court held treachery was established because (1) the means of execution precluded the victim’s opportunity to defend himself and (2) those means were deliberately adopted. Gapasin allegedly waited concealed behind a hollow-block fence and shot the victim from the right side, rendering the victim unaware and helpless. Evident premeditation was also proven by cool reflection and resolution to kill with sufficient time for clear judgment. The Court treated treachery as a qualifying circumstance and observed that when treachery is present, evident premeditation is a generic aggravating circumstance.

Aggra

Case Syllabus (G.R. No. 73489)

Procedural Posture and Court

Decision of the Supreme Court (First Division) on G.R. No. 73489, promulgated April 25, 1994 (reported at 301 Phil. 736).
Appeal from the Regional Trial Court, Branch XVI, Isabela, in Criminal Case No. IV-781, where appellant Cic Loreto Gapasin was found guilty beyond reasonable doubt of murder qualified by treachery.
Trial court found attendance of the mitigating circumstance of voluntary surrender and aggravating circumstances of taking advantage of public position and evident premeditation.
Trial court sentence imposed on appellant: reclusion perpetua; ordered to pay the heirs of the late Jerry Calpito, Sr. P88,596.00 as actual/compensatory damages; P30,000.00 as death indemnity; P20,000.00 as moral damages; P30,000.00 as exemplary damages; and costs.
Supreme Court review addressed primarily credibility of witnesses, legal characterization of the crime, and proper appreciation of aggravating and mitigating circumstances.

Information (Charge) — Text and Allegations

The information dated and framed in Criminal Case No. IV-781 alleged that on or about October 6, 1979, at Barangay San Jose, Roxas, Isabela, the accused (CIC Loreto Gapasin, PC Nicanor Saludares, Lorenzo Soriano alias "Olit", Amor Saludares, Frank Saludares, Bel Saludares, and Nick Saludares) conspiring together and helping one another, with evident premeditation and treachery, willfully, unlawfully, criminally and feloniously, with intent to kill, attacked and shot Jerry Calpito with an Armalite rifle SN No. 3267485 Cal. 5.56 duly issued to the accused PC soldier under Memorandum Receipt dated September 17, 1979 by the 118th PC Company.
The information alleged multiple gunshot wounds, that the accused stepped and kicked the victim several times, and that death was instantaneous due to hemorrhage secondary to gunshot wounds.
The information alleged damages to the heirs in the amount of P12,000.00 and claimed aggravating circumstances: (1) ignominy (stepping and kicking the body); (2) abuse of superior strength; and (3) taking advantage of public position (in respect of Cic Loreto Gapasin as a PC soldier).

Arrests, Bail, and Custody Chronology

Arrest warrant issued December 14, 1980 for all accused.
As of January 10, 1980 (note chronology in source), only Nicanor Saludares and appellant had been arrested; on January 17, 1980 the trial court granted bail petitions fixed at P20,000.00 each.
Nicanor Saludares released January 22, 1980 after posting bail. Appellant ordered to remain in custody of Capt. Alexander M. Bellen, commanding officer of the 118th Constabulary Company in Roxas, Isabela.
Frank, Bel and Amor Saludares arrested February 4, 1980; Lorenzo Soriano arrested February 5, 1980; each allowed to post bail of P20,000.00 and released.
On August 27, 1980, following motions invoking LOI No. 947 (as amended by LOI No. 1011) to vest jurisdiction in Military Tribunals for crimes committed with unlicensed firearms, the trial court ordered cancellation of bail bonds (except for deceased Nicanor Saludares), issuance of warrants for arrest, and turnover of appellant and others to the Military Tribunal through Provincial Commander of PC/INP, Ilagan, Isabela.
Pursuant to Lt. Col. Florendo’s endorsement dated September 19, 1980, appellant with Lorenzo Soriano, Amor Saludares and Bel Saludares was rearrested; Nick and Frank Saludares remained at large.
September 29, 1980 trial court dismissed case against Nicanor Saludares due to his death on June 7, 1980.

Motions, Transfers Between Civil and Military Tribunals, and Custody Disputes

Accused filed motion for reconsideration contesting transfer to Military Tribunal, arguing the crime was committed October 6, 1979, before LOI No. 947—motion denied by trial court.
By General Order No. 69 dated January 12, 1981, records transferred back to the trial court from the Military Tribunal.
April 1, 1981 prosecution moved for recommitment of accused to provincial jail; defense opposed fearing retaliation from jail guard relative of victim; May 12, 1981 trial court denied recommitment and set arraignment for June 1, 1981.
May 18, 1981 Col. Florendo informed the court that Bel and Amor Saludares escaped Rehabilitation Center of Provincial Command on April 10, 1981.
May 29, 1981 provincial fiscal moved to reconsider May 12 order alleging accused not detained at PC Headquarters and others had absconded; court granted motion, issued warrants of arrest, and recommitted Soriano and appellant to provincial jail.
Despite diligent efforts, several accused remained at large; trial proceeded only against Soriano and appellant.
June 1, 1981 both pleaded not guilty.
June 1, 1983 trial court denied appellant's bail application but granted bail to Soriano fixed at P30,000.00. Appellant filed successive motions for bail (June 1, 1984 and further) all denied.
Appellant sought transfer to custody of his military commander under Section 4 of P.D. No. 1850; trial court denied motion and denied reconsideration. Appellant filed certiorari with the Intermediate Appellate Court which granted relief and ordered immediate transfer to custody of military commander.
Frank Saludares later arrested, pleaded not guilty, and was allowed to post bail. Because Soriano and Frank were out on bail, defense presented evidence for appellant only and submitted the case for decision.

Factual Narrative as Found by Trial Court (Prosecution Version)

Witness Alberto Carrido testified: on October 6, 1979, after attending the “pamisa” for Enteng Teppang’s deceased father, he, Rodrigo Ballad, and Jerry Calpito left Teppang’s house at about 2:00 P.M.; Calpito followed them and while walking along the barangay road Calpito was shot by appellant with an armalite rifle.
Witness account: when Calpito fell, appellant fired more shots at him; accused Amor Saludares allegedly planted a .22 caliber revolver on the left hand of Calpito.