559 Phil. 322
CARPIO MORALES, J.:
That on or about the 23rd day of December, 1990, in the Municipality of San Joaquin, Province of Ilo-ilo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping one another to better realize their purpose, armed with two (2) M16 [a]rmalite [r]ifles and one (1) nickel-plated revolver of unknown make and caliber, with deliberate intent and decided purpose to kill, with treachery and evident premeditation and without any justifiable cause or motive, did then and there willfully, unlawfully and feloniously assault, attack and shoot one HERNANI QUIDATO with the firearms they were then provided, inflicting upon the latter gunshot wounds on the different parts of his body which caused the immediate and instantaneous death of said Hernani Quidato.CONTRARY TO LAW.[8]
That on or about the 23rd day of December, 1990, in the Municipality of San Joaquin, Province of Iloilo, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping one another to better realize their purpose, armed with two (2) M16 [a]rmalite [r]ifles and one (1) nickel-plated revolver of unknown make and caliber, with deliberate intent and decided purpose to kill, with treachery and evident premeditation and without any justifiable cause or motive, did then and willfully, unlawfully and feloniously assault, attack and shoot one EDUARDO SELIBIO with the firearms they were then provided inflicting upon the latter gunshot wounds on the different parts of his body which caused the immediate and instantaneous death of said Eduardo Selibio.CONTRARY TO LAW.[9]
WHEREFORE, premises considered, judgment is hereby rendered as follows:While petitioner and his co-accused filed a Notice of Appeal[14] which was given due course,[15] only petitioner filed a Brief, albeit beyond the extensions granted to him, drawing the Court of Appeals to dismiss his appeal.[16] The conviction of petitioner's co-accused had thus become final and executory.
In Criminal Case No. 35783, all the accused, namely; Jose Talanquines, Jr., Edzel Talanquines, Jonathan Bacabac, Pat. Ricardo Bacabac, and Jesus Delfin Rosadio are hereby found guilty beyond reasonable doubt of the crime of murder and there being no aggravating circumstances with one mitigating circumstance [immediate vindication for Jose and Jesus; voluntary surrender for Pat. Ricardo Bacabac[12]], and applying the indeterminate sentence law, accused Jose Talanquines, Jr., Ricardo Bacabac and Jesus Delfin Rosadio are hereby sentenced each to suffer imprisonment for a period of 10 years and 1 day, as minimum, to 17 years, 4 months and 1 day as maximum; while accused Edzel Talanquines and Jonathan Bacabac who are entitled to the privileged mitigating circumstance of minority and the ordinary mitigating circumstance of immediate vindication of a grave offense are hereby sentenced each to suffer imprisonment for a period of four (4) years, 2 months, and 1 day, as minimum, to 10 years and 1 day as maximum. All the accused are ordered to pay jointly and severally the heirs of the deceased Hernani Quidato, the amount of P50,000.00 for his wrongful death; P20,000.00 for moral damages; P10,000.00 for attorneys fees; and the costs of the suit. (Underscoring supplied)
In Criminal Case No. 35784, judgment is hereby rendered as follows:
All the accused, namely; Jose Talanquines, Jr., Edzel Talanquines, Jonathan Bacabac, Pat. Ricardo Bacabac and Jesus Delfin Rosadio are hereby found guilty of the crime of Murder and there being no aggravating circumstance with one mitigating circumstance, accused Jose Talanquines, Jr., Ricardo Bacabac and Jesus Delfin Rosadio are hereby sentenced each to suffer imprisonment for a period of 10 years and 1 day as minimum, to 17 years, 4 months and 1 day, as maximum; while accused Edzel Talanquines and Jonathan Bacabac who are entitled to the privileged mitigating circumstance of minority and the ordinary mitigating circumstance of immediate vindication of a grave offense, are hereby sentenced to suffer imprisonment for a period of 4 years, 2 months and 1 day, as minimum to 10 years and 1 day as maximum. All the accused are ordered to pay jointly and severally the heirs of the deceased Eduardo Selibio, the amount of P50,000.000 for his wrongful death; P20,000.00 for moral damages; P10,000.00 for attorney's fees; and the costs of the suit. (Underscoring supplied)
Accused Jesus Delfin Rosadio, who is detained, is hereby credited with the number of days he spent under detention, if he is qualified.
SO ORDERED.[13]
First: Contrary to its conclusion on the basis of the facts of the case, Petitioner may not be deemed to be in conspiracy with the other Accused.The Court notes that the first, second, and fifth arguments of petitioner were, in the main, raised before the appellate court.[30]
Second: Contrary to its conclusion, there was no treachery.
Third: Contrary to its conclusion, Petitioner, assuming in gratis argumenti the correctness of the pronouncement of guilt, should have been credited with the mitigating circumstance of immediate vindication of a grave offense, in the same manner that the other Accused were so credited.
Fourth: Contrary to its conclusion, the guilt of the Petitioner has not been proved beyond reasonable doubt; hence, by the equipoise rule, should have been acquitted.
Fifth: Contrary to its conclusion, Petitioner is not civilly liable.[29] (Emphasis in the original)
[T]he basis of the RTC's Order of February 7, 2000 was the Entry of Judgment by the Court of Appeals dated 25 November 1999.[36] BUT THE SAID ENTRY OF JUDGMENT was ALREADY VACATED and SET-ASIDE BY THE COURT OF APPEALS ITSELF ON ITS RESOLUTION DATED 13 DECEMBER 2000. Therefore, the RTC's Order of 7 February 2000 was ipso facto vacated.[37] (Emphasis in the original)and that
[T]he second sentence of Section 7, Rule 65 of the Rules of Court cited by the Order of 13 July 2006 does not apply to the case at bench because the main case on the merits which originated in the RTC as Criminal Cases Nos. 35783-84, went to the Court of Appeals as CA-G.R. No. 16348 and is now pending in the Supreme Court (Third Division) as G.R. No. 149372 because of the Petition for Review On Certiorari filed by Movant herein x x x. THE MAIN CASE IS NO LONGER PENDING IN THIS HONORABLE COURT [sic]. THEREFORE, THE RTC HAS NO JURISDICTION TO REITERATE AND EXECUTE THE ORDER OF 7 FEBRUARY 2000.[38] (Emphasis in the original)As this Court hereby affirms petitioner's conviction, resolution of his "Motion to Vacate . . ." is rendered unnecessary.
[The petitioner] affirms that he was at the scene of the incident and merely fired a warning shot into the air to respond to a public disturbance, and his firing a warning shot into the air was intended to avert further acts of violence; both circumstances, therefore, being merely and solely in pursuance to his avowed duty to keep peace and order in the community and clearly not to be part of any alleged community of design to kill the victims.Petitioner's argument that it is improbable for him and his co-accused to have waited for the victims at a well-lighted street corner does not persuade. Crimes are known to have been brazenly committed by perpetrators, undeterred by the presence of onlookers or even of peace officers, completely impervious of the inevitability of criminal prosecution and conviction.[41]
x x x x
Another indication that there was no unity of purpose and of execution in so far as the Petitioner is concerned is his conduct after Jose Talanquines, Jr. shot the victims. Eyewitness accounts state that after that lone warning shot, closely followed by Jose Talanquines, Jr. firing at the victims, the petitioner merely stood there and did nothing and said nothing. This is obviously because he was himself stunned by the fast happening of events. The investigating police officer, PO3 NESTOR SANTACERA, on rebuttal, likewise, admitted to the facts that ten (10) minutes after the incident, they (the police) responded and upon arrival thereat, learned that the Petitioner already reported the incident to their station and that it was the Petitioner who first reported the shooting incident officially to their office. The aforedescribed proven conduct of the Petitioner during and immediately after the incident in question are, Petitioner respectfully submits, inconsistent with what a co-conspirators is [sic] wont to do under the circumstances. It is submitted instead that his conduct on the contrary underscores the lack or want of community of purpose and interest in the killing incident to make him criminally liable under the conspiracy theory.
Finally, in connection with the conspiracy theory and anent the finding below that the Petitioner and his Co-Accused waited for the victims' arrival at the corner of St. Domingo and M.H. del Pilar Streets, it is asserted that the same runs counter to the natural and ordinary experience of things and event [sic], and raises a cloud of doubt over the correctness of the lower Courts decision which are based on the Prosecution's version of the incident. Since, according to the prosecution, the Petitioner and the other Accused were armed with high-powered firearms (armalite rifles and revolver); they waited at the stated street corner for thirty (30) minutes; the stated street corner was well lighted; accompanying them were the wife and two (2) young daughters of Jose Talanquines, Jr; and they stood there conversing with the group of Elston Saquian [a prosecution witness who testified that he saw the petitioner and his co-accused waiting for the victims[39]] and admitting that they were waiting for certain persons who mauled Edzel Talanquines and Jonathan Bacabac.
In other words, the lower Courts gave credence to an improbable scenario painting the Petitioner, known to the place as a police officer, and co-accused to have recklessly and uncaringly displayed, for all and sundry to see, their alleged criminal intentions. It would indeed be the height of foolishness for them to be by a well lighted street corner, perhaps even well traversed, conspicuously fully armed, waiting for persons who were not even sure would pass by such place, and apparently willing to admit to other passers-by that they were indeed waiting for the persons who mauled Edzel and Jonathan, and consequently give out the impression that they were intending to retaliate — which is what the lower Courts regrettably observed.
x x x x
Likewise, the presence of the wife and two (2) young daughters of the accused Jose Talanquines, Jr. at the scene of the alleged crimes, as testified to by the prosecution witnesses and believed by the lower Courts, assumes importance in the matter of determining which version of the incident is correct.
The Prosecution places the wife and the daughters with the alleged fully armed Petitioner and Co-Accused at Sto. Domingo Streets, also waiting during the same length of time as the men for the (probable) arrival of the group of the victims. But such a scenario is, likewise, unnatural. Because, will the male relatives unhesitatingly expose their defenseless womenfolk to imminent danger?[40] (Citations omitted, emphasis in the original, and underscoring supplied)
In the present recourse, when informed that Jonathan and Edzel were being manhandled and assaulted by male persons, Appellant armed himself with an M-16 armalite. Jose Talanquines, Jr., the father of Edzel, followed suit and armed himself with an M-16 armalite gun. Jesus armed himself with a revolver while Jonathan armed himself with a piece of wood. Jonathan and Edzel were nephews of the Appellant who resided in the house of Jose Talanquines, Jr. All the Accused including the Appellant then proceeded posthaste to the corner of M.H. del Pilar corner Sto. Domingo Streets where the culprits would pass by and waited for the advent of the culprits. Even as Hernani apologized for his and his companions' assault of Edzel and Jonathan, Jesus berated Hernani and his companions. Almost simultaneously, the Appellant fired his gun into the air as Jonathan lunged at Hernani and his companions to hit them with the piece of wood. Almost simultaneously, Jose Talaquines, Jr. fired his gun at Hernani and shot Eduardo hitting them and, in the process, hitting his nephew, Jonathan Bacabac. The Appellant did not lift a finger when Jose fired at and shot Hernani and Eduardo. He stood by as Jose shot Hernani anew when the latter on bended knees, raised his two (2) hands, in surrender. The Appellant and the other Accused then fled from the scene, with their respective firearms and weapons. The overt act of the Accused and the Appellant in conjunto, constitute proof of conspiracy.Petitioner's failure to assist the victims after the shooting reinforces this Court's appreciation of community of design between him and his co-accused to harm the victims. That it was he who first officially reported the shooting to the police station[47] does not make him any less a conspirator. Voluntary surrender and non-flight do not conclusively prove innocence.[48] Besides, a conspirator who wants to extricate himself from criminal liability usually performs an overt act to dissociate or detach himself from the unlawful plan to commit the felony while the commission of the felony is in progress.[49] In petitioner's case, he reported the shooting incident after it had already taken place. In legal contemplation, there was no longer a conspiracy to be repudiated since it had already materialized.[50]
The Appellant and Jose were armed with high-powered guns. Jesus was armed with a revolver. The nature of the weapons of the Accused evinced a common desire to do away with the culprits, not merely to scare them.
What is outrageous is that the Appellant was a policeman. He could very well have just arrested the culprits as they sauntered by and brought them to the police station for the requisite investigation and the institution of criminal complaints, if warranted. He could have dissuaded Jose and Jesus and assured them that the culprits will be duly investigated and charged if warranted. The Appellant did not. He armed himself with an M-16 armalite x x x. [T]he three (3) positioned themselves at the corner of M.H. del Pilar and Sto. Domingo Streets for the culprits to arrive. Hernani and his companions were doomed. It may be true that the Appellant did not aim his gun at the deceased but the same is peu de chose. By his overt acts, in unison with the other Accused and his kinship with Jonathan and Edzel, We are convinced that he conspired with Jose Talanquines, Jr. and the other Accused to achieve a common purpose to kill Hernani and Eduardo.[46] (Emphasis and underscoring supplied)