Case Summary (G.R. No. L-562)
Prosecution's Evidence
The prosecution presented evidence showing that Pardo shot at Captain Burchfield from outside the building, hitting him and resulting in his subsequent death, while another shot killed Canete. Witness accounts indicated that Pardo forcibly took a .45 caliber pistol from de la Cruz and that he acted out of his own volition rather than under compulsion. The sequence of events included Pardo discussing Captain Burchfield with de la Cruz and then claiming that he intended to shoot the Captain. As Pardo aimed at Burchfield, he was seen behaving erratically and ultimately fired two shots, prompting immediate chaos.
Defense's Account and Claims
In his defense, Pardo contended that he acted under duress, stating that de la Cruz threatened him with a gun to compel him to shoot Burchfield. Pardo painted himself as a victim of circumstances, claiming intoxication which influenced his capacity to act rationally. His defense included a narrative that he had been coerced into the act and that the actions of all involved were driven by fear of retribution from local underworld figures.
Court's Assessment of Evidence
The court found the prosecution's evidence overwhelmingly convincing compared to Pardo's testimony, which it deemed illogical and improbable. The logic of the alleged coercion was questioned; if de la Cruz and Pesario had the intent to kill, they would not have relied on Pardo, who was intoxicated, to carry out their plan. The court emphasized that the method of using an unwilling participant (Pardo) contradicted rational planning that would be expected from hardened criminals.
Legal Findings and Legal Principles
The trial court initially ruled that Pardo was guilty of complex crimes, specifically double murder, and noted the presence of treachery as an aggravating circumstance. However, the appellate court disagreed, finding that the two murders were distinct acts carried out in quick succession rather than a single act. As such, it determined that Pardo was guilty of two separate murders rather than a complex crime.
Mitigating and Aggravating Circumstances
The court rejected claims of mitigating circumstances such as intoxication and voluntary confession. It noted insufficient evidence to support the defense&#
...continue readingCase Syllabus (G.R. No. L-562)
Case Overview
- The case involves the prosecution of Jose Pardo for double murder alongside co-defendants Agapito de la Cruz and Tomas Pesario, who were discharged and became state witnesses.
- Pardo was convicted and sentenced to death by the Court of First Instance of Zamboanga.
- The incident occurred on the evening of March 27, 1946, when Pardo fired shots at Capt. Berthram Burchfield, resulting in Burchfield's death and the death of Francisco Canete.
Incident Details
- The shooting took place at the Galley Building, a former army mess hall converted into a show-house, where a vaudeville performance was ongoing.
- Pardo approached De la Cruz during the show, questioning him about an earlier incident involving Captain Burchfield and Miguel Nunal.
- In a sudden act, Pardo seized De la Cruz's .45 caliber pistol, stating his intention to shoot the captain.
- Witnesses testified that Pardo was observed aiming the gun at Captain Burchfield and fired two shots, one hitting Burchfield and the other fatally striking Canete.
Prosecution's Evidence
- Testimony from De la Cruz and Pesario detailed Pardo's actions leading up to and during the shooting.
- Agapito de la Cruz expressed concern over Pardo's intent t