Republic of the Philippines

SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 39519 November 21, 1991
PEOPLE OF THE PHILIPPINES, petitioner-appellee
vs.
DANIEL PINTO, JR. an NAR!ISO "#ENAFLOR, JR., defendants-appellants.
The Solicitor General for petitioner-appellee.
K.V. Faylona & Associates for defendants-appellants.


FERNAN, C.J.:p
As an aftermath of the mission of the Legazpi City Police Department to serve on
Christmas day in 1970 a search arrant on !rancisco "ello ho as allegedly training a
private army# patrolmen Daniel Pinto# $r. and %arciso "&enaflor# $r. ere fo&nd g&ilty
'eyond reasona'le do&'t 'y the then Circ&it Criminal Co&rt in said city# of (illing not
only "ello '&t also 9-year-old )ichard *iongson and )osalio Andes and serio&sly
o&nding +aria *heresa *iongson. *he dispositive portion of the decision of $&ne 1,#
197-. 1 reads.
/01)1!2)1# the Co&rt finds the acc&sed %arciso "&enaflor# $r. and Daniel Pinto# $r.
345L*6 'eyond reasona'le do&'t of crime of.
7a8 +4)D1) in CCC-9-:;;-Al'ay# and here'y sentences each of them
to s&ffer imprisonment for the rest of their lives 7Reclusion Perpetua8< to
indemnify the heir of )osalie Andes in the amo&nt of *enty-five
*ho&sand 7P:=#000.008 Pesos# >ointly and severally< and to pay the
costs<
7'8 +4)D1) in CCC-9-:;9-Al'ay# and here'y sentences each of them
to s&ffer imprisonment for the rest of their lives 7Reclusion Perpetua8< to
indemnify the heirs of !rancisco "ello in the amo&nt of *enty-five
*ho&sand 7P:=#000.008 Pesos# >ointly and severally< and to pay the
costs<
7c8 +4)D1) in CCC-9-:9;-Legazpi City# and here'y sentences each of
them to s&ffer imprisonment for the rest of their lives 7Reclusion
Perpetua8< to indemnify the heirs of )ichard *iongson in the amo&nt of
*enty-five *ho&sand 7P:=#000.008 Pesos# >ointly and severally< and to
pay the costs<
7d8 !)4?*)A*1D +4)D1) in CCC-9-:99 Legazpi City# and here'y
sentences each of them to imprisonment of from ?i@ 7A8 6ears and 2ne
718 Day of Prision +ayor as +inim&m# to *elve 71:8 6ears and 2ne 718
Day of Reclusion Temporal as +a@im&m< to indemnify the victim# +aria
*heresa *iongson# in the amo&nt of 1ight *ho&sand 7P;#000.008 Pesos#
>ointly and severally< and to pay the costs.
5n addition to the foregoing the acc&sed are sentenced to s&ffer perpet&al disB&alification
from p&'lic office.
According to the prosec&tion# on Decem'er :=# 1970# the Legazpi City Police sec&red
from the City Co&rt of Legazpi a arrant for the search of the ho&se and premises of
!rancisco "ello in +ariaa# Legazpi City on the gro&nd that the police had pro'a'le
ca&se to 'elieve that "ello illegally possessed a garand rifle# a thompson
s&'machineg&n and to a&tomatic pistols. 2 *he police had earlier &nderta(en a
s&rveillance of "ello on the 'asis of information it had received that he as cond&cting
an Co'stacle co&rseC or training men for com'at since 2cto'er# 1970. 3
4pon receipt of the search arrant# the Chief of Police# Dr. ?olomon Adornado# $ called
his officers to a Cconfidential conferenceC at the residence of +ayor 3regorio 5mperial.
Present at the said conference ere the mayor# his secretary# and the officers of the
patrol division# secret service and the administration of the city police. *he Chief of
Police as assisted 'y +a>or Alfredo +olo# head of the intelligence division of the city
police# in 'riefing the gro&p on ho to serve the search arrant and to arrest "ello as
the latter had 'een identified as the one ho shot ?al&stiano "otin the night 'efore. At
the time of the 'riefing# no arrant of arrest had yet 'een iss&ed against "ello. 5
*he policemen ere divided into three teams and aro&nd five mem'ers of the Philippine
Consta'&lary 7PC8 ho ere also present ere assigned to the different teams. % *eam
, as placed &nder the charge of ?gt. ?alvador de la Paz ith a policeman named
L&na and appellants "&enaflor and Pinto as mem'ers. /ilfredo )omero as the PC
mem'er assigned to the team. & 1@cept for )omero and Pinto ho ere each armed
ith a car'ine# the policemen of *eam , each carried a .,; cali'er pistol. '
Loaded in fo&r vehicles# the three teams proceeded from the residence of the +ayor to
'arrio 0omapon arriving there at aro&nd seven oDcloc( in the evening. *he fo&r vehicles
met at the >&nction of 0omapon and the road to +ariaa. *hey had decided to ride on
the ay to +ariaa hen one of the >eeps 'ogged don 'eca&se of the m&ddy road.
0ence# the three teams had to al( in single file on the right side of the road ith the
teams had to al( in single file on the right side of the road ith the teams maintaining a
distance o aro&nd ten meters 'eteen them. 9
?&ddenly# )omero noticed the mem'ers of his team r&nning. 0e ran ith them and then
he heard someone sho&t# CPondoEC 7stop8. *he sho&t as folloed 'y a shot and then a
'&rst of g&nfire. *he team had 'y then deployed to the right side of the road. /hen
)omero chec(ed the men 'y sho&ting the agreed passord of C'ayaasC for hich the
person challenged ansered CsantolC# 1( he fo&nd that "&enaflor as = meters in front
of him Cat the 'an( of the roadC# Pinto as to meters to the right of "&enaflor# ?gt. de
la Paz as to meters to his 7)omeroDs8 right# L&na ho as holding a al(ie-tal(ie
as to his left and another policeman as in front of L&na. 11 /hen )omero heard the
g&n'&rst# he sa Cflashes of fireC C>&st in frontC of him or from the place here "&enaflor
as. 12
*he area here the team deployed as loer in elevation than the road '&t )omero
heard the r&m'ling of a >eep going toards the direction of 0omapon hen he heard the
'&rst of g&nfire and sa the flashes of fire from the direction of "&enaflor. 13
2n the >eep hich passed 'y the deployed policemen ere !r. !eli@ Cappellan# +rs.
Fenaida ?tilianopolo&s *iongson# her si@ children and the driver. *hey had >&st come
from a lechonada party in the hacienda in +ariaa of +rs. P&rificacion %apal And&iza#
the mother of !rancisco "ello. !r. Capellan had cele'rated mass to commemorate the
death anniversary of +rs. And&izaDs father. /hen !r. Capellan decided to go 'ac( to his
parish# the And&izaDs offered their >eep for his transportation. 1$ ?eated on the front seat
of the C+cArth&r typeC >eep hich had only a canvass top '&t no cover on the sides and
'ac(# 15 ere the driver# +rs. *iongson ith a child on her lap and !r. Capellan. 1%
)ichard *iongson as seated on the steel seat 'ehind the driver hile his sister +aria
*heresa as 'eside him. 1& *he three other children ere also seated at the 'ac(.
After crossing the cree( on their ay to 0omapon and as the driver Cchanged to high
gear ith a d&alC# 1' +rs. *iongson sa 'lin(ing lights some ,00 yards ahead. 19 !earing
that there might 'e Cpeople ith 'ad intentionsC or hold-&ppers# !r. Capellan told the
driver to go faster. 2( *hen !r. Capellan heard one shot and after a fe seconds and
aro&nd =0 meters ahead# there as rapid firing ith some of the '&llets hitting the >eep.
21 According to +rs. *iongson# the ido of Col. Angel *iongson of the PC# the rapid
firing so&nded Ca&tomaticC. 22 *he firing came from the left rear side of the >eep. 23
"efore they ere fired &pon# +aria *heresa sa a man lying flat on his stomach hile
holding a g&n on the left side of the road >&st ahead of the >eep. 2$ *hro&gh the light of
the >eep# +aria *heresa noticed that the man as earing a >ac(et and a hat and he
as on the sho&lder of the road. 25 After passing the man# the rapid firing ens&ed.
)ichard said C&ghC and fell on the floor of the >eep. +aria *heresa as a'o&t to hold
)ichard hen she felt herself hit at the '&ttoc(s. *hen they all screamed. 2%
*he >eep contin&ed its fast &phill clim' &ntil it reached a level area and almost fell into a
ditch ere it not for a cl&mp of 'anana plants. *he >eep came to a f&ll stop. !r. Capellan
sa three men ith flashlights '&t he co&ld not disting&ish their faces as it as dar( and
their flashlights ere foc&sed on the gro&nd. 2& +rs. *iongson sa a PC >eep and some
cars and# 'elieving that one of the cars as that of the +ayor# she called *ia Citang# the
mother of the mayor# at the same time identifying herself. 2' ?he m&st have managed to
ta(e )ichard from the >eep and as c&ddling him on the gro&nd near the left rear end of
the >eep hen she reB&ested !r. Capellan to administer e@treme &nction on )ichard. As
!r. Capellan had no holy oil# he gave the 'oy a'sol&tion. 29
1ven after +rs. *iongson had identified herself as the ido of Col. *iongson to the
men aro&nd# no'ody listened to her appeal for help. /hen she approached Chief of
Police Adornado# she hit him and as(ed him hy they shot her and her companions.
*he Chief of Police replied that the shooting as no longer his fa&lt 'eca&se +rs.
*iongson and her companions did not stop hen told to do so. ?he reB&ested the Chief
of Police for a car in hich to ta(e )ichard to the hospital or for a driver and even for a
al(ie-tal(ie so she co&ld tal( to +ayor 5mperial '&t the Chief of Police did not heed her
pleas. 3( 7*?%# !e'r&ary 9# 197:# pp. 17-::8.
A fe min&tes later# a >eep driven 'y !ernando And&iza arrived. +rs. *iongson and her
children 'oarded the >eep. At the intersection of the road to Legazpi City proper and the
road to +ariaa# the area as 'rightly lighted and armed men ordered them to p&t their
hands &p. *hey ere told to alight from the >eep to 'e searched '&t +rs. *iongson
'egged the lie&tenant manning the area to let them pass so they co&ld 'ring her to
children to the hospital. 31
)ichard and +aria *heresa ere 'ro&ght to the ?acred 0eart Clinic in Legazpi City.
*hirteen-year-old +aria *heresa as treated for a g&nshot o&nd at the Cright &pper
B&adrant of the right '&ttoc(s.C 32 0er pelvis and a'domen ere @-rayed. 2ne of the @-
ray plates 33 revealed an oval spot indicating a foreign 'ody in +aria *heresaDs pelvis.
*he attending physician decided not to e@tract the foreign 'ody as +aria *heresa as
not a Cvery good s&rgical ris(C.3$ *he hospital charged P:;:.90 for *heresaDs
hospitalization. 35 ?he as later 'ro&ght 'y an army plane to the PC ?tation 0ospital in
Camp Crame# G&ezon City for f&rther treatment and hospitalization 3% '&t the foreign
'ody as never removed from her pelvic area.
)ichard s&stained a g&nshot o&nd at the 'ac( a'o&t the level of the =th l&m'ar
verte'rae. *he '&llet travelled o'liB&ely to the left (idney# the lesser sac# the liver and
the right a&ricle.3& )ichard as operated at the hospital '&t he died at ;.-= the folloing
morning d&e to massive hemorrhage ca&sed 'y the g&nshot o&nd. 3' /hen he as
a&topsied# a lead sl&g as fo&nd em'edded in his heart.39 0is mother paid P;A:.,= $(
for his hospitalization and as charged P:00 'y the ch&rch. +ayor 5mperial paid P=00
to !&neraria 2ro for )ichardDs '&rial.$1
+eanhile# according to Chief of Police Adornado# after the shooting incident involving
the *iongsons# the police p&rs&ed their mission to serve the search arrant on "ello.
/hen they reached "elloDs residence in +ariaa# they ere met 'y a Cvolley of fire.C
?&ddenly# the ho&se as lighted and a certain 1sco'er met him. Altho&gh "ello and his
parents# +r. and +rs. And&iza# ere not aro&nd# the police searched the area and
fo&nd a $apanese ?pringfield rifle# amm&nition of a garand rifle# amm&nition of a
car'ine# live amm&nition for a .,; cali'er pistol and ,;0 '&llets for an a&tomatic pistol. $2
*hereafter# the Chief of Police declared the search terminated and the entire searching
party left for headB&arters. $3 *he folloing day# he iss&ed ?pecial 2rder %o. :- hich
states.
Decem'
er :A#
1970
*o All Concerned.
*he folloing men mentioned 'elo are here'y assigned at 0omapon &ntil their mission
is accomplished# effective as of today# Decem'er :A# 1970.
1 ?gt. ?alvador de la Paz# 5n-charge
:. Pfc. Carlos "ar'in# mem'er
,. Pat. 1d&ardo Arcin&e# mem'er
-. Pat. $&an L&na# mem'er
=. Pat. Daniel Pinto# mem'er
A. Pat. Celedonio A'ordo# mem'er
7. Pat. %arciso "&enaflor# mem'er
)eport progress of mission any time of day thro&gh the radio system. !or strict
compliance.
7?gd.8
?2L2
+2% ".
AD2)
%AD2
Chief of
Police
Copy f&rnished. *he 0onora'le City +ayor# *he Patrol Command# LCPD# the 25C and
file .$$
*he mission as to (eep peace and order in the specified place and to determine the
herea'o&ts of "ello.$5 5t as not necessary to specify the mission in the order itself
'eca&se the Chief of Police Chad a close &nderstanding ith the sB&ad that ent to
0omaponC. $% !or a Cconvenient tactical deployment#C ?gt. De la Paz f&rther divided
*eam , into three gro&ps ith patrolmen "&enaflor and Pinto composing 3ro&p 55. $&
At noontime of Decem'er :A# 1970# !rancisco "ello# more pop&larly (non as PaB&ito#
arrived at the residence of 5nocencia +al'as in sitio Ando# *alahi'# Daraga# Al'ay. 0e
as ith 5nocenciaDs 'rother# !rancisco Andes# !ranciscoDs son Ananias# and Leoncio
+ostoles. )osalio# another son of !rancisco# also arrived ith the gro&p. $' "ello
reB&ested 5nocencia and her h&s'and that he and his gro&p 'e alloed to spend the
night in 5nocenciaDs ho&se. $9
5nocencia o(e &p at aro&nd =.00 oDcloc( in the morning of Decem'er :7# 1970. At the
sala# on her ay from her room to the (itchen# she sa "ello sleeping alone. !rom the
(itchen# 5nocencia ent to the 'alcony thro&gh the sala. 2n her ay 'ac( to the (itchen#
she noticed that "ello# ho as earing a red shirt and an &nderear# had aa(ened.
"ello opened the indo# spat o&t and ent to the 'alcony. 0e reentered the sala and
saying that it as cold# "ello p&t on his clothes and pants. 0e also ore his >ac(et. 0e
ent 'ac( to the 'alcony and as(ed for ater. 5nocenciaDs h&s'and gave "ello a glass
of ater. After g&rgling# "ello placed the glass on the indo sill and as( 5nocenciaDs
h&s'and for a c&p of coffee.5(
5nocenciaDs h&s'and as a'o&t to offer "ello a c&p of coffee hen she heard a
s&ccessive '&rst of g&nfire. "ello# ho as the 'alcony facing the copra (iln 7CagonanC8
ith his 'ac( toards the pili tree# grad&ally fell to the floor ith his hands a'ove his
head. *hen there as another '&rst of g&nfire. !rom the (itchen# 5nocencia r&shed to
the door from here she sa a man holding a long firearm# hom she later identified as
Pinto# near the pili tree hich as aro&nd eight meters from here "ello as# and
another man# also holding a g&n# cro&ching near the stairs. 51
5nocencia# ith her to-year-old child in her arms# 52 as a'o&t to r&sh to "ello hen
her h&s'and p&lled her. $&st then a man# hom 5nocencia identified as "&enaflor# came
&p the ho&se# pointed a g&n at 5nocencia and her h&s'and and told them to lay flat on
the floor. *he man as(ed them here the g&n as. 5nocencia told him that there as no
g&n in the ho&se '&t then# hen she loo(ed aro&nd# she sa a long firearm ith its
m&zzle pointed &pard leaning against the all near the door aro&nd to meters from
here "ello laid flat on his 'ac(. "ello himself had a g&n '&t it as in its holster t&c(ed
on his aist. 53 5t as "&enaflor ho too( 'oth the long firearm and the g&n in "elloDs
holster.5$
/hen !rancisco Andes ent &p the ho&se# he told 5nocencia that )osalio as dead. 55
5nocencia ent near the pili tree here )osalioDs 'ody as# (nelt don and as(ed the
man ith a long firearm hy he (illed )osalio. *he man ansered that )osalio fo&ght
'ac(. 0oever# 5nocencia did not notice any eapon near )osalioDs 'ody. 5%
"elloDs hands and feet ere tied together and a 'am'oo pole as inserted 'eteen
them so that to men# one of them 'eing !rancisco Andes# co&ld carry the cadaver. 5&
"ello died 'eca&se of Cshoc( secondary to massive hemorrhage d&e to m&ltiple
g&nshot o&ndsC. 5' A former pilot and :; years old at the time of his death# "ello
s&stained a g&nshot o&nd at the left temple# an inch a'ove the highest point of the
pinna of the left ear. *he '&llet hich entered his head thro&gh the sB&amo&s temporal
'one travelled toards the occipital region don to the floor of the left middle cranial
fosa &ntil it reached the 'ase of the tong&e.
"ello had three g&nshot o&nds on his chest. 2ne '&llet entered the s&perior part of
the right scap&lar area a'o&t the level of the third thoracic verte'rae. *he '&llet
travelled to the right inna in a slightly &pard direction ma(ing its e@it at the lateral part
of the right s&praclavic&lar fossa a'ove the clavicle. *he second g&nshot o&nd as at
the left side interscap&lar area. *he '&llet travelled &pards and to the right fract&ring
the 7th ri'# entered the loer lo'e of the left l&ng# p&nct&red the p&lmonary con&s# ent
thro&gh the >&nction of the right a&ric&lar appendage and the right a&ricle# the
anteromedial side of the pericardi&m# grazed the medial s&rface of the middle lo'e of
the right l&ng and e@ited at the right side of the chest. *he third g&nshot o&nd as
'elo the right nipple. *he '&llet ent to the chest cavity# the loer lo'e of the right
l&ng# the dome of the diaphragm# the right lo'e of the liver# the ;th thoracic verte'rae
and e@ited at the left of the midline at the inferior interscap&lar area. 59
/hile "ellos corpse as 'eing a&topsied# a sl&g fell from his >ac(et. A '&llet >ac(et and
lead fragments ere fo&nd at the 'ase of his s(&ll and a sl&g as e@tracted from the
floor of his mo&th. %(
)osalio Andes# :, years old# also died of shoc( d&e to m&ltiple g&nshot o&nds. A
'&llet entered his right temporal area# macerated the 'rain# fract&red 'oth parietal
'ones and e@ited at the left parietal 'one. Another '&llet entered the left scap&lar area
'elo the level of the Ath ri'# travelled to the dome of the left diaphragm# the left lo'e of
the liver# the pancreas# the small intestines# and the perine&m 'elo the ram&s of the
right p&'is. *he sl&g as fo&nd at the gl&teoperineal >&nction a'o&t : inches 'elo the
tip of the coccys and : 1H: inches a'ove the gl&teal line. A third '&llet entered the left
(nee and e@ited at the medial side of the leg. %1
*he sl&gs and parts of '&llets hich ere e@tracted from the 'odies of the victims ere
t&rned over to the %ational "&rea& of 5nvestigation 7%"58 on Decem'er :9# 1970 'y
!iscal AB&ilino "onto for safe(eeping p&rposes. %2 *he empty shells and sl&gs hich
'oth the PC and the Legazpi City police fo&nd in *alahi' ere also t&rned over to the
%"5 %3 in the same manner that the fo&r empty car'ine shells %$ fo&nd 'y the PC near
the cocon&t tree a meter from the sho&lder of the road to +ariaa ere also t&rned
over to the %"5. %5 Also s&'mitted to the %"5 for 'allistic e@amination ere telve ?mith
I /esson cali'er .,; revolvers# to ?mith I /esson Cpalti(C cali'er .::# fo&r *ell
cali'er revolvers# one "osB&e a&tomatic pistol cali'er .,;0# fo&r car'ine 5nland rifles
cali'er .,0# three 4? ?pringfield rifles cali'er.,0# one *hompson s&'machine g&n
cali'er .-= and one Colt a&tomatic pistol cali'er.-=. %%
Defendants Pinto and "&enaflor 'oth denied having fired at the >eep 'earing the
*iongson family.%& Pinto# ho admitted carrying a cali'er .,0 car'ine d&ring the incident#
%' testified that the shooting occ&rred 'eca&se the *iongsonsD >eep Cas going toardsC
them. %9
According to Pinto# hen they reached +ariaa# it as he ho fired one shot in the air.
&( After the search had 'een cond&cted in "elloDs premises# *eam , as instr&ed 'y a
Cs&perior officerC Cto remain and maintain peace and order in 7the8 vicinity incl&ding
+ariaaC. &1 /hile he and "&enaflor ere patrolling the area# at aro&nd midnight# they
Cchanced &pon a ho&seC herein "ello and his gro&p ere staying. *hey capt&red fo&r
of "elloDs 'odyg&ards and tied them to a pili tree ith the torn shirt of one of the
captives.&2
At day'rea(# Pinto sa "ello smo(ing at the porch. "&enaflor# ho as 'ehind him#
called "ello. *hen a single shot coming from the ho&se rang o&t. 5t as ansered 'y a
'&rst of fire hich Pinto Cpres&medC came from "&enaflor. "y refle@ action# Pinto
transferred from the pili tree to a near'y cocon&t tree. "&t 'efore he reached the
cocon&t tree# he sa a man ith a 'olo in his hand r&nning toards him. As the man
as menacingly near him# Pinto shot him. &3
After a l&ll in the firing# he ent &p the ho&se to loo( for "elloDs other companions. 0e
sa the 'ody of "ello on the porch and CnearC it as a garand hich he too(. 0e also
got "elloDs short firearm Cfrom a holster.C 0e t&rned over 'oth the garand and the short
firearm to "&enaflor. 2ne of the capt&red persons (ic(ed "elloDs 'ody saying that if not
for "ello# his son o&ld not have 'een (illed. *hereafter# the to dead persons ere
carried 'y the capt&red 'odyg&ards to +ariaa. &$
5n +ariaa# Pinto contacted 7thro&gh the radio8 police o&tpost %o. = in "anB&erohan
and to >eeps arrived. /hen they reached the >&nction in 0omapon# +a>or +olo# ho
as ith !iscal "enito ?e# told Pinto to go 'ac( ith him to *alahi'. Altho&gh Pinto
arned +a>or +olo that it o&ld 'e dangero&s to go 'ac( 'eca&se one of "elloDs men
had escaped# they nevertheless proceeded to *alahi'. /ith three other policemen# they
arrived there 'eteen eight and nine in the morning here they ere instr&cted to Cloo(
for evidence specifically . . . for a thompson.C 0e fo&nd in the porch to shells and the
others fo&nd a hat and a flashlight. *hereafter# they ret&rned to +ariaa and later# to
Legazpi City proper. &5
2n cross-e@amination# Pinto stated that he did not (no that they fo&nd "ello in an area
hich as 'eyond the >&risdiction of Legazpi City. 0e admitted that hile they ere
instr&cted patrol the area# they ere also told to effect the arrest of "ello even if no
complaint had 'een lodged against him. &% According to Pinto# of the fifteen '&llets in
the magazine of his car'ine# only to remained. 0e fired CmostC of the thirteen shots
d&ring the C"ello incidentC. &&
Pinto shot the man later identified as )osalio Andes hen he as at a distance of
aro&nd three meters. )osalio as Cface to faceC ith him hen Pinto shot him. As
)osalio did not fall from the first shot# Pinto contin&ed shooting him. &' /hen he ent &p
the porch he sa the garand Clying on the floorC '&t the g&n t&c(ed on "elloDs aist as
still in its holster. &9
2n the *iongson incident# Pinto asserted that he did not fire his
car'ine. '( /hen he sa the headlight of the *iongsonsD >eep# he also sa a flashlight
'eing aved. A little later# he heard a sho&t ordering the >eep to stop. *hen he heard
one shot and immediately after# the volley of fire as the >eep as going toards his
direction. As it passed 'y him# he heard the >eepDs passengers shrie(. '1
!or his part# "&enaflor declared that d&ring the mission to serve the search arrant on
"ello# he carried the C.,; cali'er revolver *el.C 7sic8 hich had 'een iss&ed to him 'y the
Legazpi City Police Department. 0e did not fire his g&n at the *iongsons and# Cas a
matter of fact#C he s&rrendered his firearm for 'allistic e@amination. '2 5n the afternoon of
Decem'er :A# hoever# +a>or +olo iss&ed him a *hompson s&'machineg&n. '3
/hile patrolling 0omapon# he and Pinto Cchanced &ponC some persons ho told them
that they co&ld g&ide them to here "ello as. At the place hich they later fo&nd to 'e
*alahi'# they ent near a pili tree from here they sa a ho&se C'elo.C *hen he sa a
man ho t&rned o&t to 'e +ostoles. "&enaflor apprehended +ostoles 'eca&se the
latter as "elloDs 'odyg&ard and he had a .:: cali'er firearm ith him. 0e came 'y
another man ith a 'olo# named C"anteB&eC and apprehended him also. *hen# from
'ehind the pili tree# Pinto appeared ith yet another man. *hey aited for a hile &ntil
another man# ho t&rned o&t to 'e !rancisco Andes# came ithin fo&r meters of him.
"&enaflor pointed his s&'machineg&n at him so Andes approached him. "&enaflor
confiscated AndesD .:: cali'er firearm. '$
!rom the gro&p# "&enaflor learned that "ello provided them ith firearms and that "ello
himself had a pistol t&c(ed in his holster as ell as a garand. 0e and Pinto then tied the
men to the pili tree. Later# he sa a person in the 'alcony of the ho&se 'elo and
"&enaflor sho&ted tice. CPaB&ito# mag-s&rrender (aEC *hen "&enaflor heard a Ca shot
coming from the direction of the 'alcony folloed 'y s&ccessive shots.C 0e so&ght
cover 'ehind the pili tree and# hile in a cro&ching position# fired his s&'machineg&n
toards the 'alcony. Pinto as then 'ehind him. As Pinto shifted his position hile firing
his car'ine# "&enaflor ent don to the Celevated portion going don to the nipa shac(C
&ntil he as near the cocon&t tree. *here he fo&nd a person lying ith his face don.
0e later fo&nd o&t that the person as the son of !rancisco Andes. '5
After the firing had stopped# Pinto told him that "ello as dead. Pinto then ent &p the
ho&se. "&enaflor ent 'ac( to the pili tree# &ntied the fo&r persons they had capt&red#
and told them to do something so they co&ld carry the 'odies of "ello and 7)osalio8
Andes. '%
Li(e Pinto# on cross-e@amination# "&enaflor also asserted that he did not fire his g&n at
the >eep carrying the *iongsons. '& /hile admitting that the person ho led them to
"ello had told them that the latter as in *alahi'# "&enaflor did not (no that *alahi'
as a 'arrio of Daraga# Al'ay and not of Legazpi City.'' 0e reiterated that he sho&ted at
"ello &rging him to s&rrender '9 '&t he as not a'le to fire a arning shot or identify
himself as a mem'er of the police force C'eca&se after the second shot there as
already a '&rst of g&nfireC.9(
"&enaflor affirmed that the first shot emanating from the 'alcony of the ho&se in *alali'
hich as aro&nd fifteen meters from the pili tree# came from a Chigh cali'er firearmC. 91
After they had fo&nd o&t that "ello as dead# Pinto ent &p the ho&se. Later# Pinto
gave him "elloDs ,;0 a&tomatic pistol and garand. 92 Altho&gh he loo(ed at those
firearms# he did not determine hether they had 'een fired. 93 0e noticed# hoever# that
the magazine of the garand as CintactC. 9$ Aside from "elloDs firearms# "&enaflor and
Pinto confiscated to .:: cali'er revolvers and to 'olos fo&nd on "elloDs 'odyg&ards.
95
"&enaflor stated that his *hompson s&'machineg&n had to clips ith each clip
containing ,0 '&llets. /hen he gave 'ac( the firearm to +a>or +olo# only fo&r '&llets
ere left of the one clip he had &sed. 9% 0e remem'ered having sB&eezed tice the
trigger of his *hompson s&'machineg&n or a&tomatic rifle in *alahi'.9& 0is service
revolver as still ith him then. 9'
As a res&lt of this series of events# fo&r separate informations ere filed against Pinto
and "&enaflor. *he information charging Pinto and "&enaflor for the m&rder of Andes
hich as filed on $&ly :A# 1971 reads.
*hat on or a'o&t the :7th day of Decem'er# 1970# in sitio Ando# "arrio *alahi'# Daraga#
Al'ay and ithin the >&risdiction of this 0onora'le Co&rt the acc&sed# conspiring and
confederating together and m&t&ally helping one another# itho&t any >&stifia'le ca&se or
motive# ith intent to (ill# did# then and there# illf&lly# &nlaf&lly and felonio&sly# ith
treachery and evident premeditation# acc&sed Pat. %arciso "&enaflor# $r. and Pat. Daniel
Pinto# $r.# and 'y means of a Cal. -= *hompson ?&'-+achine 3&n# ?%-:1,-,A and a 4?
Car'in 5nland# Cal. ,0# ?%-=099-07# oned respectively 'y said acc&sed# shoot one
)osalio Andes# inflicting &pon him g&nshot o&nds as descri'ed in the attached A&topsy
)eport mar(ed as Anne@ CAC and 'eing made an integral part of this 5nformation# there'y
ca&sing &pon said )osalio Andes serio&s and mortal o&nds hich led to his
instantaneo&s death.
Contrary to la.
*he information charging Pinto and "&enaflor ith having m&rdered "ello contains
'asically the same allegations as the a'ove and it as filed on the same date. 2n
A&g&st :-# 1971 to other informations ere filed against Pinto and "&enaflor. one for
the m&rder of )ichard *iongson and another for the fr&strated m&rder of +aria *heresa
*iongson. 2n arraignment# Pinto and "&enaflor 'oth pleaded not g&ilty to all the
charges.
After trial# the trial co&rt rendered the aforementioned >&dgment of conviction. !or the
(illing of "ello and Andes# the trial co&rt appreciated evident premeditation as a
B&alifying circilmstance and treachery# nighttime and &se of p&'lic position as
aggravating circ&mstances. !or the incident involving the *iongson children# it
considered the crimes as B&alified 'y treachery and aggravated 'y the &se of p&'lic
position.
Pinto and "&enaflor instit&ted the instant appeal praying for e@oneration mainly on the
'asis of their claim that the (illings ere perpetrated in the co&rse of the performance of
their official d&ties as peace officers in o'edience to the laf&l order of their s&periors.
5n order that the >&stifying circ&mstance of f&lfillment of a d&ty &nder Article 11 of the
)evised Penal Code may 'e s&ccessf&lly invo(ed# the defense has to prove that these
to reB&isites are present. 7a8 the offender acted in the performance of a d&ty and 7'8
the in>&ry or offense committed 'e the necessary conseB&ence of the d&e performance
or laf&l e@ercise of s&ch d&ty. 5n the a'sence of the second reB&isite# the >&stification
'ecomes an incomplete one there'y converting it into a mitigating circ&mstance &nder
Articles 1, and A9 of the same Code. 99
Admittedly# the appellants and the rest of the police force involved# originally set o&t to
perform a legal d&ty. the service of a search arrant on "ello. 5n the process# hoever#
appellants a'&sed their a&thority res&lting in &na&thorized and &nlaf&l moves and
conseB&ences. Armed ith only a search arrant and the oral order to apprehend "ello#
they ent 'eyond the am'it of their mission and deprived "ello and to other persons
of their lives.
/hile the defense presented proofs that "ello had a string of record in the police 'lotter
for misdeeds ranging from ta(ing the harvest of their hacienda itho&t the permission of
his parents to assa&lting his stepfather# and that he as Cdangero&s hile &nder the
infl&ence of liB&orC# 1(( there as no proof that he had 'een convicted of any offense or
that he as a dangero&s f&gitive from >&stice hich o&ld arrant a Cshoot to-(illC order
from police a&thorities. Proof of 'ad moral character of the victim only esta'lishes a
pro'a'ility that he committed a crime '&t it certainly cannot 'e the reason for
annihilating him nor may it prevail over facts proven shoing that the same victim had
'een cold-'loodedly (illed. 1(1 As s&ch# the s&spicion that "ello as maintaining a
private army as not a s&fficient >&stification for his 'eing r&''ed o&t itho&t d&e
process of la.
*he police theory that "ello a&thored the shooting of one ?al&stiano "otin on Christmas
eve is neither a >&stification for his arrest itho&t a arrant. 5t sho&ld 'e o'served that
hile the police had o'tained a search arrant for illegal possession of firearms against
"ello even on Christmas day hich as s&pposed to 'e a holiday# no s&ch effort as
made in sec&ring arrant of arrest for "elloDs alleged fr&strated (illing of "otin. *he
impro'a'ility of the defense evidence thro&gh the testimony of "otin himself that "ello
had shot him in the evening of Decem'er :-# 1970 is 'olstered 'y the same testimony
shoing that hile he as shot 'y "ello in the presence of the police force ho ere
converging at the >&nction of 0omapon and +ariaa# the same la enforcers ere
&na'le to arrest "ello. "esides the fact that no other eyeitness corro'orated "otinDs
testimony even in the face of his on admission that "ello had no reason to shoot him#
no complaint as ever lodged against "ello for the alleged shooting. 1(2
2n the other hand# the prosec&tion# thro&gh eyeitness )ogelio 1sco'er# tried to
esta'lish that d&ring said shooting incident the police ere loo(ing for "ello at the store
of a certain ?errano. 1(3 4na'le to find "ello# the police# specifically Pinto# ma&led
1sco'er hile as(ing him to testify against "ello for allegedly shooting "otin. 1($ *he
police had foc&sed their vehiclesD headlights near the 'odega of e@-+ayor Los "aJos in
their effort to fl&sh o&t "ello ho# &n(non to the police# had earlier left the vicinity. 5t
as hen the police fired at the said 'odega that "otin m&st have 'een accidentally
shot. 1(5 *his story as &ncorro'orated '&t if tr&e# o&ld sho the policeDs dangero&s
propensity for &sing otherise official operations in an &nlaf&l manner.
A propensity for rash >&dgment as li(eise amply shon at the incident involving the
*iongson children. ?ince the >eep coming toards them as oned 'y the And&izas#
the appellants acted o'vio&sly in the 'elief that "ello as its passenger and posthaste
they fired &pon it even itho&t any inB&iry as to the identity of its passengers. 1(%
3ranting that the police indeed fired a arning shot# so&nd discretion and restraint
dictated that# there 'eing no responding shots from its passengers after the alleged
arning shot and considering the condition of the road hich as not only m&ddy '&t
&phill# instead of directing aimless g&n'&rst at the >eep# the most that they co&ld have
done as to render the >eep immo'ile 'y shooting its tires. *hat ay# they co&ld have
verified the identity of the passengers. As it ere# they riddled the >eep ith '&llets
in>&ring in the process innocent passengers ho ere completely &naare of hat they
ere &p against.
AppellantsD star( denial of firing their g&ns &pon the *iongson family falls flat in the face
of vario&s circ&mstantial evidence hich point to their c&lpa'ility. *here is the
&nflinching testimony of ?gt. )omero that he sa Cflashes of fireC from the direction of
"&enaflor as the >eep 'earing the *iongsons passed 'y. ?aid testimony as
corro'orated 'y that of )afael $aco'# the PC mem'er of team :# that hile no one in his
team fired his g&n# the Csporadic firingC came from team , after the first of fire hich
occ&rred hile the >eep as Ca'reast of team :C. 1(& 1ven defense itness +ariano
)ico# a policeman ho led team 1# as Cs&reC that he heard g&nshots at the moment
hen Cthe >eep had >&st passed team :C. 1('
*hen there are the fo&r empty .,0 cali'er car'ine shells hich ere fo&nd near the
cocon&t tree here# according to )omero# Pinto as deployed. /hile he himself carried
a car'ine# )omero did not fire it and his testimony as never contradicted. *he fo&r
empty shells ere compared ith the test shells hich ere fired from the 4? car'ine#
cali'er .,0 5nland Division# ?%-=099-07# hich# according to the aforeB&oted
information charging appellant ith having (illed Andes# as &sed 'y Pinto# they ere
fo&nd to have Csignificant similar individ&al characteristicsC. 1(9
/hile it is tr&e that the 'allistic report reveals that the lead '&llet ta(en from the 'ody of
)ichard as fired from a ?mith I /esson type firearm 11( and "&enaflor as proven to
'e carrying a .,; cali'er *ell revolver# the findings of e@pert itnesses or# in this case#
the 'allistic report pointing to another (ind of cali'er .,; eapon as the so&rce of
)ichardDs o&nd only serves as a g&ide for the co&rts after considering all the facts of
the case.111 *he &ndisp&ted fact is that "&enaflor as specifically pointed 'y )omero as
the one ho fired his firearm as the And&iza >eep 'earing the *iongsons passed 'y.
5nasm&ch as no evidence that )omero o&ld prevaricate to pin responsi'ility on
"&enaflor as ever presented# there is# therefore# no reason to discredit his testimony.
112
5n addition to all these# "&enaflorDs motive for anting to do aay ith "ello has 'een
esta'lished. ?&ch motive provided a circ&mstantial evidence leading to the inference
that indeed he fired his g&n. 113 According to the &nre'&tted testimony of )ogelio
1sco'er# an overseer of the %apal hacienda and constant companion of "ello# on
%ovem'er 1# 1970# "&enaflor and another policeman named ?antos 4r'ana# $r.
'orroed "elloDs >eep on the prete@t that they needed it to transfer +oscoso# the
s&spect in the Perez (illing# to the Al'ay Police 0eadB&arters. /hen it as ret&rned# the
>eep had 'loodstains. "ello and 1sco'er later learned from a PC officer that the >eep
had 'een &sed in d&mping in 3&ino'atan the 'ody of +oscoso. Confronted 'y the PC
officer# "ello admitted that the >eep as 'orroed 'y "&enaflor and 4r'ina and agreed
to e@ec&te a sorn statement on the matter. ConseB&ently# the PC a&thorities notified
+ayor 5mperial of the sol&tion of the +oscoso (illing.
*hree days later# 1sco'er and "ello met 4r'ina ho arned "ello# CKit# if yo& ant to
give yo&r statement# >&st say that 5 'orroed yo&r >eep for thirty min&tes. *his is a
'rotherly advice 'eca&se something might happen to yo&.C "ello retorted that he o&ld
do hat as right and that as to tell the tr&th. 4r'ina said that it as &p to "ello '&t he
repeated that he as giving "ello a 'rotherly arning that something might happen to
him 11$ 7*?%# A&g&st :,# 197,# pp. --:08. *hese facts ere of co&rse denied 'y
"&enaflor. 0oever# as 'eteen the positive declaration of a prosec&tion itness and
the negative denial of the acc&sed# the former deserves more credence. 115
All these pieces of circ&mstantial evidence point to no other inference than that Pinto
and "&enaflor fired their g&ns in defiance of their s&perior officerDs order only Cto find the
herea'o&tsC of "ello 11% and to desist from &sing their eapons Citho&t clearance
from the Chief of PoliceC. 11& ?ince there is more than one circ&mstance and the facts
from hich the inferences are derived are proven# the com'ination of all the
circ&mstances is s&ch as to prod&ce a conviction 'eyond reasona'le do&'t. 11'
*he fact that the victims ere different from the ones the appellants intended to in>&re
cannot save them from conviction. Aberratio ictus or mista(e in the identity of the victim
carries the same gravity as hen the acc&sed zeroes in on his intended victim. *he
main reason 'ehind this concl&sion is the fact that the acc&sed had acted ith s&ch a
disregard for the life of the victim7s8 L itho&t chec(ing caref&lly the latterDs identity as
to place himself on the same legal plane as one ho (ills another illf&lly# &nlaf&lly
and felonio&sly. 119 %either may the fact that the acc&sed made a mista(e in (illing one
man instead of another 'e considered a mitigating circ&mstance. 12(
5t is not even necessary to pinpoint ho 'eteen Pinto and "&enaflor act&ally ca&sed
the death of )ichard or the o&nding of +aria *heresa in the presence of proof 'eyond
reasona'le do&'t that they acted in conspiracy ith each other. 121 Prior agreement
'eteen the appellants to l&ll their intended victim is not essential to prove conspiracy
as the same may 'e inferred from their on acts shoing >oint p&rpose and design. 122
5n this case# s&ch &nity of p&rpose and design is shon 'y the fact that only the to of
them fired their g&ns hen the And&iza >eep ith the *iongsons passed 'y. *his they
did in defiance of the order of their s&perior not to shoot &nless ordered to do so.
Conspiracy having 'een proved# the g&ilt or c&lpa'ility is imposa'le on 'oth appellants
in eB&al degrees. 123
*he same conspiracy as evident in the (illing of "ello and Andes. *he appellantsD
concerted action as shon 'y the manner 'y hich they (illed the to. 5n this incident#
hoever# they invo(e self-defense as a >&stifying circ&mstance. 1vidence at hand#
hoever# do not favor their claim.
4nder Article 11 718 of the )&les of Co&rt# an acc&sed m&st prove the presence of all
the folloing elements of said e@empting circ&mstance. 7a8 &nlaf&l aggression# 7'8
reasona'le necessity of the means employed to prevent or repel it# and 7c8 lac( of
s&fficient provocation on the part of the person defending himself. 12$ *he presence of
&nlaf&l aggression is a condition sine ua non. *here can 'e no self-defense#
complete or incomplete# &nless
the victim has committed an &nlaf&l aggression on the person defending himself. 125
5n this case# "&enaflor insists that he fired at "ello 'eca&se# after calling o&t to him to
s&rrender# his sho&t as ansered 'y a g&nshot. Pinto corro'orates his story '&t the
principal prosec&tion eyeitness in this incident# 5nocencia +al'as# sears that she
heard no s&ch sho&t to s&rrender nor a g&nshot from "elloDs direction 'efore "ello as
fired &pon 'y the appellants. Physical evidence as ell as the testimonies of "&enaflor
himself and Pinto sho that 5nocencia# and not the appellants# as telling the tr&th.
)afael ?eJora# the %"5 agent ho ent to *alahi' and the road to +ariaa to
investigate as ell as to ta(e pict&res# fo&nd no '&llet mar(s at the crime scene hich
o&ld pertain to a .:: cali'er Cpalti(C firearm hich "elloDs men allegedly &sed. 12% As no
other Cpalti(C firearms ere recovered from the crime scene other than the to hich
"&enaflor confiscated from +ostoles and !rancisco Andes# the possi'ility of said
firearms or one of its (ind having 'een &sed 'y "elloDs men against the appellant
partic&larly the one ho escaped is nil.
"&enaflor claimed that the shot after his call to "ello 'elonged to a high-poered g&n 12&
o'vio&sly referring to the firearms recovered from "ello himself. According to "&enaflor
hoever# hen he fo&nd the rifle# its magazine as CintactC and he did not manip&late
the rifle to (no ho many of its '&llets had 'een &sed. 12' +oreover# if "ello indeed
fired a g&n# it m&st 'e the firearm in his holster and not the garand hich as fo&nd a
co&ple of meters from here "ello had fallen. *hat "ello did not fire any of his to
firearms is '&ttressed 'y PintoDs on testimony that "ello as smo(ing ith his 'ac(
toards them hen he as shot at and that at that moment# he did not see "ello
holding a g&n. 129 /e cannot help# therefore# '&t concl&de that the defense claim that
"&enaflorDs call to "ello as ansered 'y a g&nshot is '&t a figment of their imagination
designed for their on e@oneration.
AppellantsD claim of &nlaf&l aggression on the part of "ello or his men o&ld have
'een clarified had any of "elloDs men hom they had capt&red 'een presented in co&rt.
*hese men# Leoncio +ostoles# !rancisco Andes# Domingo "antiB&e and Ananias
Andes had e@ec&ted statements 'efore the Legazpi City police to the effect that they
heard "&enaflorDs call for "ello to s&rrender and that "ello fired his g&n at the
appellants. 0oever# all fo&r of them later e@ec&ted statements 'efore the %"5
retracting said earlier statements in vie of the fact that the police had threatened them
to ma(e the statements favora'le to the appellants. 13(
As regards the &nlaf&l aggression of )osalio Andes against Pinto# e find that if e
are to 'elieve Pinto# e have to stamp f&ll credi'ility on his statement alone. 1ven
"&enaflor admitted that he did not see )osalio Andes attac( Pinto. 131 5nocencia sore
that she did not see any eapon near the fallen )osalio. 5ndeed# if the aggression did
occ&r# Pinto o&ld not have lost time in presenting in co&rt the 'olo hich Andes
threatened to &se on him. "&t granting that )osalio had a 'olo# Pinto as not >&stified in
inflicting the o&nds s&stained 'y )osalio 'eca&se a mere threatening attit&de of the
victim ill not constit&te &nlaf&l aggression. 132 +oreover# PintoDs testimony that
)osalio menacingly approached him ith a 'olo after "&enaflor had released a
s&n'&rst directed at the ho&se here "ello as# is contrary to h&man 'ehavior if not
totally ridic&lo&s. 2n the contrary# 'y his on admission# Pinto contin&ed firing &ntil he
sa )osalio fell.
An acc&sed ho admits inflicting fatal in>&ry on his victim and invo(es self-defense m&st
rely on the strength of his on evidence and not only on the ea(ness of that of the
prosec&tion for# even if ea(# the prosec&tion evidence gains more credi'ility. 133
4nfort&nately# in this case# inspire of the fact that the prosec&tion had only one
eyeitness to the (illing of "ello and Andes# the appellants had not presented
s&fficiently strong evidence to shore &p their claim of self-defense.
/e agree ith the trial co&rt that treachery attended the commission of all fo&r crimes in
this case. *he (illing of )ichard *iongson# !rancisco "ello and )osalio Andes as ell as
the o&nding of +aria *heresa *iongson ere all so s&dden that all of them ere left
defenseless. *his is shon not only 'y the testimonial evidence on the commission of
the crimes '&t also 'y the nat&re and location of the o&nds of all the victims. 13$ *he
presence of treachery B&alifies the (illings to m&rder and the o&nding of +aria
*heresa to fr&strated m&rder. %ighttime# hoever# may not 'e appreciated as there is
no proof that it as specifically so&ght in the commission of the crime and therefore e
deem it a'sor'ed 'y treachery.
1vident premeditation has not 'een proven 'eyond reasona'le do&'t in this case '&t
e find that the appellants indeed too( advantage of their p&'lic position in perpetrating
the crime. 4nder Article :-; of the )evised Penal Code# m&rder is p&nisha'le 'y
reclusion temporal in its ma@im&m period to death. *here 'eing no mitigating
circ&mstance to temper the penalty and there 'eing only the aggravating circ&mstance
of ta(ing advantage of their p&'lic office &nder Article 1- 718 of the said Code# the
proper penalty is death. 135 0oever# in vie the constit&tional a'olition of the death
penalty# the penalty of reclusion perpetua shall 'e imposed on the appellants for each of
the three m&rders they committed.
!or the o&nding of +aria *heresa# the penalty imposa'le# applying Article =0 of the
)evised Penal Code# is prision mayor ma@im&m to reclusion temporal medi&m. *here
'eing no reason to f&rther loer the penalty 'y one degree p&rs&ant to the provision of
Article :=0# and there 'eing one aggravating circ&mstance and no mitigating
circ&mstance# the penalty sho&ld 'e ithin the range of prision mayor ma@im&m to
reclusion temporal medi&m. Applying the 5ndeterminate ?entence La# 13% the proper
penalty for the fr&strated m&rder of +aria *heresa is si@ 7A8 years of prision correccional
ma@im&m as minim&m to ten 7108 years and one 718 day of prision mayor ma@im&m as
ma@im&m. *he indemnity of eight tho&sand pesos imposed 'y the loer co&rt sho&ld 'e
respected considering that hile there is evidence as to the act&al amo&nt she spent
hile confined at the ?acred 0eart 0ospital in Legazpi City# there is no proof as to the
e@penses she inc&rred after she as transferred to the Camp Crame 0ospital in
G&ezon City.
As in all cases herein peace officers are acc&sed# this case creates a feeling of
fr&stration in everyone. *he crimes committed here o&ght to have no place in this
democratic and civilized society. *r&e it is that a police officer is sometimes left in a
B&andary hen faced ith a sit&ation here a decisive '&t legal action is needed. "&t#
as this Co&rt said in !alderon "s. People and !ourt of Appeals 79A Phil. :1A# ::=
M19=-N8# C7t8he >&dgment and discretion of p&'lic officers# in the performance of their
d&ties# m&st 'e e@ercised neither capricio&sly nor oppressively# '&t ithin reasona'le
limits. 5n the a'sence of a clear and legal provision to the contrary# they m&st act in
conformity ith the dictates of a so&nd discretion# and ith the spirit and p&rpose of the
la.C Police officers m&st alays 'ear in mind that altho&gh they are dealing ith
criminal elements against hom society m&st 'e protected# these criminals are also
h&man 'eings ith h&man rights. 5n the ords of then $&stice +oran in the #anis case
7?upra8.
5t is# hoever# s&ggested that a notorio&s criminal Cm&st 'e ta(en 'y stormC itho&t
regard to his right to life hich he has 'y s&ch notoriety already forfeited. /e may
approve of this standard of official cond&ct here the criminal offers resistance or does
something hich places his captors in danger of imminent attac(. 2therise# e cannot
see ho# as in the present case# the mere fact of notoriety can ma(e the life of a criminal
a mere trifle in the hands of officers of the la. %otoriety rightly s&pplies a 'asis for
redo&'led official alertness an vigilance< it never can >&stify precipitate action at the cost
of h&man life. /here# as here# the precipitate action of the appellants has cost an
innocent life and there e@ist no circ&mstances hatsoever arrant action of s&ch
character in the mind of a reasona'ly pr&dent man# condemnationLnot condonationL
sho&ld 'e the r&le< otherise e o&ld offer a premi&m to crime in the shelter of official
act&ation.
/01)1!2)1# the decision of the loer co&rt is here'y affirmed s&'>ect to the
modifications that appellants shall solidarily 'e lia'le for the amo&nt of !ifty *ho&sand
7P=0#0008 for each of the three m&rders they committed and# for the fr&strated m&rder
of +aria *heresa *iongson# each of them shall s&ffer the indeterminate penalty of from
si@ 7A8 years of prision correccional ma@im&m as minim&m to ten 7108 years and one 718
day of prision mayor ma@im&m as ma@im&m.
5nasm&ch as appellant Daniel Pinto# $r. had 'een a police officer for only five months 13&
hen the crimes ere committed# let a copy of this decision 'e f&rnished the 2ffice of
the President for hatever action may 'e proper to temper his penalty. 13'
?2 2)D1)1D.
$a"ide% &r. and Romero% &&.% concur.
Gutierre'% &r.% &.% ( concur but a)ree *ith &ustice +idin.