Case Summary (G.R. No. 100382-100385)
Charges and Consolidation of Cases
Mario Tabaco was charged with four counts of murder and one count of homicide with frustrated homicide stemming from incidents during a cock derby event. The information stated that on March 22, 1987, Tabaco, armed with a gun and with evident premeditation and treachery, shot the victims in the municipality of Aparri. The charges were consolidated into cases before the Regional Trial Court of Aparri.
Prosecution Evidence and Incident Description
According to the prosecution, on the night of the event, peace officers, including Sgt. Benito Raquepo and Pat. Mariano Retreta, were assigned to maintain order in the Octagon Cockpit Arena. Witnesses testified that Tabaco, although dressed in civilian clothing, claimed to be there on orders to monitor the presence of NPAs and assist VIPs. The event escalated when Tabaco suddenly shot Ex-Mayor Arreola, followed by subsequent shots that killed other victims. Eyewitnesses provided detailed accounts of how Tabaco stood and fired his M-14 rifle towards the group of victims seated in the bleachers.
Defense Claims
Tabaco’s defense contended that he fired a warning shot after hearing gunfire above him and that a struggle ensued during which his gun accidentally discharged, causing injuries to others. He claimed to have been acting under orders to maintain peace and said he only fired after feeling threatened. Tabaco denied intentional wrongdoing, asserting that he surrendered the following day upon hearing of Siriban's death.
Trial Court Findings
The trial court, in its decision dated January 14, 1991, found Tabaco guilty on all counts, recognizing that witnesses identified him as the shooter. The prosecution's case was bolstered by numerous eyewitness accounts that detailed Tabaco’s actions leading to the deaths. The court emphasized the element of treachery, noting that the victims had no opportunity to defend themselves.
Credibility of Witnesses
Credibility of witnesses was pivotal in this case. The trial court found the testimony of prosecution witnesses credible while rejecting Tabaco's self-serving denials. The position and actions of Tabaco, alongside the corroborated accounts of injuries sustained by the victims, were critical to establishing his guilt. The defense's assertion of a warning shot was dismissed given the evidence of multiple victims being shot in quick succession.
Verdict and Sentencing
The trial court sentenced Tabaco to reclusion perpetua for the four counts of murder. For the charge of homicide with frustrated homicide concerning the death of Jorge Siriban and injury to Sgt. Raquepo, the court imposed an indeterminate penalty of 10 years and 1 day of Prision Mayor to 17 years, 4 months, and 1 day of Reclusion Temporal. Moreover, he was ordered to pay civil damages to the victims’ heirs.
Appeal and Legal Implications
Tabaco appealed the trial court's decision, challenging the conviction based on evidenti
...continue readingCase Syllabus (G.R. No. 100382-100385)
Case Overview
- Date of Decision: March 19, 1997
- Case Numbers: G.R. Nos. 100382-100385
- Court: First Division of the Supreme Court of the Philippines
- Accused: Mario Tabaco
- Charges: Four counts of Murder and one count of Homicide with Frustrated Homicide
Incident Description
- Date of Incident: March 22, 1987
- Location: Octagon Cockpit Arena, Municipality of Aparri, Province of Cagayan
- Victims:
- Capt. Oscar Tabulog
- Ex-Mayor Jorge Arreola
- Felicito Rigunan
- Pat. Romeo Regunton
- Jorge Siriban, Jr. (deceased in Homicide case)
- Sgt. Benito Raquepo (wounded)
Charges and Consolidation
- Mario Tabaco was charged with:
- Murder: for the deaths of Capt. Oscar Tabulog, Ex-Mayor Jorge Arreola, Felicito Rigunan, and Pat. Romeo Regunton.
- Complex Crime: Homicide and Frustrated Homicide for shooting Jorge Siriban, Jr. and wounding Sgt. Benito Raquepo.
- All cases were consolidated before Branch 10 of the Regional Trial Court of Aparri, Cagayan.
Prosecution's Evidence
- Background of the Incident:
- A cock derby organized by the 17th PC stationed in Aparri attracted peace officers for security.
- Mario Tabaco, in civilian clothes, claimed to be assigned to assist with security and was armed with an M-14 rifle.
- Timeline of Events:
- At approximately 9:00 PM, the accused shot Ex-Mayor Arreola from a distance of about 3-5 meters, followed by multiple gunfire resulting in the deaths of four victims.
- Victims were seated in the upper bleachers while Tabaco was below them.
- Witness Accounts:
- Eyewitnesses identified Tabaco as the shooter, confirming he aimed and fired at the victims while standing and using his M-14 rifle.
- Witnesses testified to seeing Tabaco shoot three rounds in succession towards Ex-Mayor Arreola and his companions.
- Physical Evidence:
- Spent bullet casings were reco