People vs Recto

G.R. No. L-26931

May 28, 1970

Facts:
April 18, 1994 at Ambulong, Magdiwang, Sibuyan Island, Romblon, Barangay Captain
Percival Orbe together with Barangay Kagawad Antonio Macalipay and Barangay Tanod
Melchor Recto were trying to settle a land dispute involving Linda Rance and Cornelio Regis,
Jr. Amidst the meeting, SPO4 Fortunato Rafol requested Orbe to proceed to the bodega of
Rance due to destroyed padlock and the palay stored therein were stolen.
Barangay Tanod Melchor Recto passed by and was requested by Obre to stay as he might
be needed. Thereafter, Melchor Rector did an ocular inspection.
Appellant Julio Recto with six others arrived. Barangay Captain Orbe advised them not to
create trouble but appellant Recto, while holding a fan knife (balisong), approached
Barangay Captain Orbe. Obre requested appellant to surrender the fan knife however,
appellant stepped backward, removed his jacket and pulled-out a gun. Barangay Captain
Orbe retreated, while Barangay Kagawad Antonio Macalipay stepped forward with both arms
raised and mentioned the appellant not to do it. However, appellant pulled the trigger,
hitting Barangay Kagawad Macalipay, causing him to fall down on the ground.
After a series of shooting, appellant was heard looking for the barangay captain. Assuming
that Julio Recto has left, Melchor Recto and Obre jumped out from their hiding place.
Unfortunately, the appellant was still around and the two were shot but was able to flee.
On the other hand, both Barangay Kagawad Antonio Macalipay and Emiliano Renato Santos
died due to multiple wounds inflicted on them by appellant.
Issue:
Whether or not Julio Recto is guilty of direct assault with frustrated murder, direct assault
with murder and murder.
Ruling:
Julio Recto committed qualified direct assault with attempted murder as regards Brgy.
Captain Orbe because he was in the performance of his duties and the fact that Julio shot
him while running showed his desire to murder Orbe. But other than Julios own spontaneous
desistance, the acts of execution were not completed so it is attempted.
Under Article 148 of RPC, Qualified Direct Assault is committed:
1.

When the accused lays hand upon the victim who is a PIA

2.

When the accused is himself a Public Officer or employee

3.

When the assault is with a weapon

As regards Melchor Recto, he committed attempted murder since Melchor was no longer on
duty when he was attacked by Julio.
In the killing of Makalipay, accused is guity of qualified diree ct assault with homicide and
not murder since there was no qualifying circumstance.
In the killing of Santos, he committed homicide.