[G.R. No. 73489. April 25, 1994.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CIC LORETO GAPASIN, PC NICANOR
SALUDARES, LORENZO SORIANO, alias "Olit", AMOR SALUDARES, FRANK SALUDARES, BEL
SALUDARES, and NICK SALUDARES, accused, CIC LORETO GAPASIN, accused-appellant.
FACTS:
INFORMATION: Charged accused LORETO GAPASIN, NICANOR SALUDARES, LORENZO SORIANO,
AMOR SALUDARES, FRANK SALUDARES, BEL SALUDARES, and NICK SALUDARES with Murder
qualified by Treachery, with aggravating circumstance of (1) ignominy [accused stepped unto and
kicked body of the deceased]; (2) abuse of superior strength; and (3) taking advantage of public
position, after allegedly having conspired with each other and shot JERRY CALPITO with an
Armalite rifle.
PROSECUTION’S VERSION: ALBERTO CARRIDO testified that after he and RODRIGO BALLAD left
the house of a certain Enteng Teppang after attending a “pamisa”, JERRY CALPITO followed them.
While they were walking along the barangay road, CALPITO was shot by GAPASIN with an armalite
rifle. When CALPITO fell on the ground, GAPASIN fired more shots at him. AMOR SALUDARES then
planted a .22 caliber revolver on CALPITO’s left hand. LORENZO SORIANO fired his gun upwards.
NICANOR SALUDARES pointed his gun at FAUSTINA (wife of Calpito) and warned that he would kill
any relative of Calpito who would come near him.
DEFENSE’S VERSION: Claimed Self-Defense. GAPASIN was issued a mission order to investigate a
reported unidentified armed men in Barrio San Jose, Roxas, Isabela. He was instructed to meet
NICANOR SALUDARES who can give him information on the identities of the said armed men.
NICANOR informed him that CALPITO had an unlicensed firearm. On the day of the “pamisa”,
GAPASIN and NICANOR positioned themselves inside the latter’s yard because CALPITO usually
passes by there. When they saw CALPITO, GAPASIN asked him what was bulging in his waist.
Instead of answering, CALPITO took a step back, drew his gun, and fired at GAPASIN twice, but
missed because GAPASIN dropped to the ground simultaneously firing his armalite at CALPITO.
RTC: Convicted GAPASIN of murder qualified by treachery, with the attendance of the mitigating
circumstance of voluntary surrender, and the aggravating circumstances of (1) taking advantage of
public position; and (2) evident premeditation.
ISSUE: Whether or not the aggravating circumstances of treachery, evident premeditation, and
taking advantage of public position are present and should be appreciated.
RULING: YES.
Treachery. The two conditions to constitute treachery are: (a) the employment of means of
execution that gives the person who is attacked no opportunity to defend himself or to retaliate; and
(b) the means of execution were deliberately or consciously adopted. GAPASIN deliberately
executed the act in such a way that his quarry was unaware and helpless. This can be gleaned from
his act of waiting for the victim behind the hollow-block fence of Nicanor Saludares and shooting
the victim from his right side. This qualified the crime from homicide to murder.
Evident Premeditation. Indubitably proven by the evidence showing that the execution of the
criminal case was preceded by cool thought and reflection. GAPASIN's resolution to carry out the
criminal intent during the space of time sufficient to arrive at a clear judgment was shown.
Taking advantage of public position. GAPASIN, a member of the Philippine Constabulary, committed
the crime with an armalite which was issued to him when he received the mission order.
Ignominy. The trial court correctly ruled out ignominy on the strength of the autopsy conducted by
the doctor who failed to find any other injuries such as bruises and contusions which may indicate
that the victim was kicked by his assailants.
Abuse of superior strength. Absorbed by treachery.
Voluntary surrender. May be considered in GAPASIN's favor but this is offset by the aggravating
circumstance of taking advantage of public position.
Self-Defense. GAPASIN's version that he was in front of the victim when the latter fired a shot at him
and that he retaliated while dropping on the ground, crumbles in the face of the physical evidence
that the victim sustained two gunshot wounds which entered the right side of his body and a
gunshot wound on the right side of his head.
Therefore, only the generic aggravating circumstance of evident premeditation may be
appreciated against GAPASIN.
[G.R. No. 214757. March 29, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TIRSO SIBBU, accused-appellant.
FACTS:
INFORMATION: Charged accused
PROSECUTION’S VERSION:
DEFENSE’S VERSION:
RTC:
ISSUE: Whether or not
RULING: YES.
