CASE OF CALL OF DUTY SALVADOR YAPYUCO y G.R. Nos. 120744-46 ENRIQUEZ, Petitioner, - versus
-
HONORALE SANDIGANAYAN !"# $HE PEOPLE O% $HE PHILIPPINES, Respondents.
FACTS: The cases are predicated on a shooting incident on Apri !, "#$$ in %aranga& '(e)ia*an, San Fernando, Fernando, Pa+panga *hich ca(sed the death o Leodeince Leodeince Lic(p Lic(p/ Lic(p/ and in0(red in0(red 1oe 2ia 2ian(e n(eaa 2i 2ian an(ea (ea/. /. Acc(s Acc(sed ed *ere *ere petiti petitioner onerss Saado Saadorr Yap&(co, p&(co, 3r. 3r. Ya Yap&(co/ p&(co/ and 4eneroso C(nanan, 3r. C(nanan/ and Ernesto P(no P(no/ *ho *ere +e+)ers o the 5ntegrated 1ationa Poice 51P/ stationed at the Sindaan S()station in San Fernando, Pa+panga6 3ose Pa+int(an Pa+int(an/ and 7ario Re&es, *ho *ere )aranga& captains o '(e)ia*an and De Car+en, respectie&6 Ernesto P(no, Andres Re&es and 2irgiio 7ang(erra 7ang(erra/, Caros Daid, R()en L(gt(, 7oises Lacson Lacson/, Renato Y(, 3ai+e Pa)aan Pa)aan/ and Caros Daid Daid/, *ho *ere either +e+)ers o the Cii 8o+e Deense Force C8DF/ or ciiian o(nt o(nteer eer oice oicers rs in %aranga %aranga&s &s '(e)ia '(e)ia*an *an,, De Car+en Car+en and Tee)a ee)asta stagan gan.. The& The& *ere *ere a charged *ith +(rder, +(tipe atte+pted +(rder and r(strated +(rder in three 5nor+ations, the inc(pator& portions o *hich read:
Cri+ina Case 1o. "99": That on or a)o(t the !th da& o Apri "#$$, in %aranga& '(e)ia*an, San Fernando, Pa+panga, Phiippines, and *ithin the 0(risdiction o this 8onora)e Co(rt, the a)oe-na+ed acc(sed, a p()ic oicers, )eing then poice+en, %rg&. %rg&. Captains, %rg&. %rg&. Tanod Tanod and +e+)ers o the Cii 8o+e Deense Force C8DF/, respectie&, conederating and +(t(a& heping one another, and *hie responding to inor+ation a)o(t the presence o ar+ed +en in said )aranga& and cond(cting s(reiance thereo, th(s co++itting the oense in reation to their oice, did then and there, *ith treacher& and eident pre+editation, *i(&, (na*(& and eonio(s&, and *ith dei)erate intent to ta;e the ie o Leod eince S. Lic(p, attac; the atter *ith a(to+atic *eapons )& iring direct& at the green To&ota Ta+ara* Ta+ara* 0itne& ridden )& Leodeince S. Lic(p and inicting +(tipe g(nshot *o(nds *hich are nec essari& +orta on the dierent parts o the )od&, there)& there)& ca(sing the direct and i++ediate death o the atter. On the sa+e da&, and *ith the sa+e intent to ta;e ie and attac; Ed(ardo S. Fores, Ae0andro R. de 2era, 2era, Restit(to 4. Ca+a and Ra( 2. Panican aso, 1oe C. 2ian(ea 2ian(ea )oarded on the sa+e coored green To&ota Ta+ara* Ta+ara* )& (sing iring *eapons6 atho(gh three are a sa+e cri+ina
cases, the& *ere ied direct& to the a)oe -na+ed acc(sed. The cri+ina cases n(+)ers6 "99"< and "99"=. Yap&(co *ho *as then aeged& adersed entered indiid(a peas o not g(it&. A +onth ater, Yap&(co o(ntari& s(rrendered to the a(thorities, and at his arraign+ent i;e*ise entered a negatie pea. 5n the +eanti+e, 7ario Re&es, Andres Re&es, Daid, L(gt(, Lacson, Y( and 7ang(erra 0oint& ied a 7otion or %ai reatie to Cri+ina Case 1o. "99". On 7a& ">, "##", the Sandigan)a&an granted )ai in Cri+ina Case 1o. "99". Yap&(co i;e*ise appied or )ai on 7a& "!, "##" and the sa+e *as aso granted on 7a& ", "##". Pa+int(an, sa+e as Pa)aan *ho died earier6 died on 1oe+)er ", "##, and according&, the charges against hi+ *ere dis+issed. The prosec(tion esta)ished that in the eening o Apri !, "#$$, 2ian(ea, Fores, Ca+a, De 2era, Panican and Lic(p icti+s/ *ere at the residence o Saangsang as g(ests at the )arrio iesta cee)rations )et*een !:>> and ?:<> p.+.. The co+pan& decided to eae at aro(nd ?:<> p.+., short& ater the reigio(s procession had passed. As the& *ere a into@icated, Saangsang re+inded 2ian(ea, *ho *as on the *hee, to drie care(& and *atch o(t or pothoes and open canas on the road. ith Lic(p in the passenger seat and the rest o his co+panions at the )ac; o his Ta+ara* 0eepne&, 2ian(ea aeged& proceeded at !-"> ;ph *ith headights di++ed. S(dden&, as the& *ere approaching a c(re on the road, the& +et a )(rst o g(nire and instant&, 2ian(ea and Lic(p *ere )oth *o(nded and )eeding pro(se&. 5n open co(rt, Fores e@ec(ted a s;etch depicting the reatie ocation o the Ta+ara* 0eepne& on the road, the residence o Saangsang *here the& had co+e ro+ and the ho(se sit(ated on the right side o the road right ater the c(re *here the 0eepne& had ta;en a et t(rn6 he identiied said ho(se to )e that o a certain Lenen 1aron *here the g(n+en aeged& too; post and opened ire at hi+ and his co+panions. 8e co(d not te ho* +an& irear+s *ere (sed. 8e reco(nted that ater the shooting, he, (na*are that Lic(p and 2ian(ea *ere *o(nded, 0(+ped o(t o the 0eepne& *hen he sa* ro+ )ehind the+ Pa+int(an e+erging ro+ the &ard o 1arons ho(se. Frantic and sha;en, he instantaneo(s& introd(ced hi+se and his co+panions to )e e+po&ees o San 7ig(e Corporation )(t instead, Pa+int(an corrected the+ or not stopping *hen agged. At this point, he *as distracted *hen 2ian(ea cried o(t and tod hi+ to s(++on Saangsang or hep as he 2ian(ea/ and Lic(p *ere *o(nded. 8e dashed )ac; to Saangsangs ho(se as instr(cted and, ret(rning to the scene, he o)sered that petitioner Y( *as aso there, and 2ian(ea and Lic(p *ere )eing oaded into a Sarao 0eepne& to )e ta;en to the hospita. This *as corro)orated )& 2ian(ea *ho stated that as soon as the iring had ceased, t*o ar+ed +en, together *ith Pa+int(an, approached the+ and transerred hi+ and Lic(p to another 0eepne& and ta;en to the near)& St. Francis 8ospita. Fores cai+ed that a the acc(sed in the case had not )een ;no*n to hi+ prior to the incident, e@cept or Pa+int(an *ho+ he identiied to )e his *ies (nce and *ith *ho+ he denied haing had an& rit nor *ith the other acc(sed or that +atter, *hich *o(d hae other*ise inspired i
+oties. 8e cai+ed the )(et hoes on the Ta+ara* 0eepne& *ere on the passenger side and that there *ere no other )(et hoes at the )ac; or in an& other portion o the ehice. Yap&(co on& too; stand or deense, narrated that in the aternoon o Apri !, "#$$, he and his +en *ere inestigating a ph&sica in0(ries case *hen Y( s(dden& receied a s(++on or poice assistance ro+ Daid, *ho s(pposed& *as instr(cted )& Pa+int(an, concerning a reported presence o ar+ed 1PA +e+)ers in '(e)ia*an. Yap&(co aeged& caed on their +ain station in San Fernando or reinorce+ent )(t at the ti+e no additiona +en co(d )e dispatched. 8ence, he decided to respond and instr(cted his +en to p(t on their (nior+s and )ring their 7-"9 ries *ith the+. Yap&(co contin(ed that at the pace appointed, he and his gro(p +et *ith Pa+int(an *ho tod hi+ that he had earier spotted o(r =/ +en carr&ing ong irear+s. As i siBing (p their coectie strength, Pa+int(an aeged& inti+ated that he and )aranga& captain 7ario Re&es o near)& De Car+en had aso )ro(ght in a n(+)er o ar+ed +en and that there *ere i;e*ise Cag( +e+)ers conened at the residence o 1aron. 7o+ents ater, Pa+int(an anno(nced the approach o his s(spects, hence Yap&(co, C(nanan and P(no too; post in the +idde o the road at the c(re *here the Ta+ara* 0eepne& cone&ing the icti+s *o(d +a;e an ineita)e t(rn. As the 0eepne& ca+e +(ch coser, Pa+int(an anno(nced that it *as the target ehice, so he, *ith C(nanan and P(no )ehind hi+, aeged& agged it do*n and signaed or it to stop. 8e cai+ed that instead o stopping, the 0eepne& acceerated and s*ered to its et. This aeged& inspired hi+, and his eo* poice oicers C(nanan and P(no, to ire *arning shots )(t the 0eepne& contin(ed pacing or*ard, hence the& *ere i+peed to ire at the tires thereo and instantaneo(s&, g(nshots aeged& ca+e )(rsting ro+ the direction o 1arons ho(se direct& at the s()0ect 0eepne&. Yap&(co recaed that Fores, e@cai+ed that the& *ere e+po&ees o San 7ig(e Corporation. 8oding their ire, the& searched the ehice and o(nd no irear+s )(t t*o in0(red +en *ho+ the& oaded the+ to 0eep and )ro(ght to hospita. Fro+ there he and his +en ret(rned to the scene s(pposed& to inestigate and oo; or the peope *ho ired direct& at the 0eepne&. The& o(nd no one6 the Ta+ara* 0eepne& *as i;e*ise gone. That night, he said, his gro(p *hich responded to the scene *ere t*ee "/ in a, co+prised o C(nanan and P(no ro+ the Sindaan Poice S()station, the tea+ co+posed o Pa+int(an and his +en, as *e as the tea+ headed )& Captain 7ario Re&es. 8e ad+itted that a o the+, inc(ding hi+se, *ere ar+ed. 8e denied that the& had co++itted an a+)(scade )eca(se other*ise, a the occ(pants o the Ta+ara* 0eepne& *o(d hae )een ;ied. 8e said that the shots *hich direct& hit the passenger door o the 0eepne& did not co+e ro+ hi+ or ro+ his eo* poice oicers )(t rather ro+ Cag( +e+)ers asse+)ed in the residence o 1aron, inas+(ch as said shots *ere ired on& *hen the 0eepne& had gone past the spot on the road *here the& *ere asse+)ed.
5ss(e: hether or not Yap&(co and his +en and the oense co++itted is the necessar& conse(ence o the d(e peror+ance o s(ch d(t& or the a*( e@ercise o s(ch right. hether or not the& had dei)erate& a+)(shed the icti+s *ith the intent o ;iing the+. 8ed: The Sandigan)a&an red(ced the )asic iss(e to *hether the acc(sed had acted in the reg(ar and a*( peror+ance o their d(ties in the +aintenance o peace and order either as )aranga& oicias and as +e+)ers o the poice and the C8DF, and hence, co(d ta;e sheter in the 0(sti&ing circ(+stance proided in Artice "" !/ o the Reised Pena Code: 3UST5FY514 C5RCU7STA1CES A1D C5RCU7STA1CES 85C8 EE7PT FRO7 CR5751AL L5A%5L5TY Artice "". 3(sti&ing circ(+stances. - The oo*ing do not inc(r an& cri+ina ia)iit&: !. An& person *ho acts in the (i+ent o a d(t& or in the a*( e@ercise o a right or oice. ith the eidence in hand, it o(nd Yap&(co, C(nanan, P(no, 7ang(era and 7ario and Andres Re&es g(it& as co-principas in the separate oense o ho+icide or the eent(a death o Lic(p instead o +(rder as charged in Cri+ina Case 1o. "99"/ and o atte+pted ho+icide or the in0(r& s(stained )& 2ian(ea instead o r(strated +(rder as charged in Cri+ina Case 1o. "99"=/, and ac(itted the rest in those cases. 5t ac(itted a o the+ o atte+pted +(rder charged in Cri+ina Case 1o. "99"< in respect o Fores, Panican, De 2era and Ca+a. The aaia)iit& o the 0(sti&ing circ(+stance o (i+ent o d(t& or a*( e@ercise o a right or oice (nder Artice "" !/ o the Reised Pena Code rests on proo that a/ the acc(sed acted in the peror+ance o his d(t& or in the a*( e@ercise o his right or oice, and )/ the in0(r& ca(sed or the oense co++itted is the necessar& conse(ence o the d(e peror+ance o s(ch d(t& or the a*( e@ercise o s(ch right or oice. The 0(stiication is )ased on the co+pete a)sence o intent and negigence on the part o the acc(sed, inas+(ch as g(it o a eon& connotes that it *as co++itted *ith cri+ina intent or *ith a(t or negigence. here ino;ed, this gro(nd or non-ia)iit& a+o(nts to an ac;no*edg+ent that the acc(sed has ca(sed the in0(r& or has co++itted the oense charged or *hich, ho*eer, he +a& not )e penaiBed )eca(se the res(ting in0(r& or oense is a necessar& conse(ence o the d(e peror+ance o his d(t& or the a*( e@ercise o his right or oice. Th(s, it +(st )e sho*n that the acts o the acc(sed reatie to the cri+e charged *ere indeed a*(& or d(& peror+ed6 the )(rden necessari& shits on hi+ to proe s(ch h&pothesis.
e ind that the re(isites or 0(stiication (nder Artice "" !/ o the Reised Pena Code do not o)tain in this case.
The (ndisp(ted presence o a the acc(sed at the sit(s o the incident is a egiti+ate a* enorce+ent operation. 1o o)0ection is strong eno(gh to deeat the cai+ that a o the+ *ho *ere either poice and )aranga& oicers or C8DF +e+)ers tas;ed *ith the +aintenance o peace and order *ere )o(nd to, as the& did, respond to inor+ation o a s(spected re)e initration in the ocait&. hie, it +a& certain& )e arg(ed that re)eion is a contin(ing oense, it is interesting that nothing in the eidence s(ggests that the acc(sed *ere acting (nder an oicia order to open ire at or ;i the s(spects (nder an& and a circ(+stances. Een +ore teing is the a)sence o reerence to the icti+s haing a(nched s(ch aggression as *o(d threaten the saet& o an& one o the acc(sed, or haing e@hi)ited s(ch deiance o a(thorit& that *o(d hae instigated the acc(sed, partic(ar& those ar+ed, to e+)ar; on a ioent attac; *ith their irear+s in se-deense. %(t *hether or not the passengers o the s()0ect 0eepne& *ere 1PA +e+)ers and *hether or not the& *ere at the ti+e ar+ed, are i++ateria in the present in(ir& inas+(ch as the& do not stand as acc(sed in the prosec(tion at hand. %esides, een ass(+ing that the& *ere as the acc(sed )eieed the+ to )e, the act(ations o these responding a* enorcers +(st ineita)& )e ranged against reasona)e e@pectations that arise in the egiti+ate co(rse o peror+ance o poicing d(ties. The r(es o engage+ent, o *hich eer& a* enorcer +(st )e thoro(gh& ;no*edgea)e and or *hich he +(st a*a&s e@ercise the highest ca(tion, do not re(ire that he sho(d i++ediate& dra* or ire his *eapon i the person to )e accosted does not heed his ca. P(rs(it *itho(t danger sho(d )e his ne@t +oe, and not engeance or persona eeings or a da+aged pride. Poice *or; re(ires nothing +ore than the a*( apprehension o s(spects, since the co+petion o the process pertains to other goern+ent oicers or agencies. The records discose no i +oties attri)(ted to petitioners )& the prosec(tion. 5t is interesting that, in negating the aegation that the& had )& their acts intended to ;i the occ(pants o the 0eepne&, petitioners t(rn to their co-acc(sed Pa+int(an, *hose pict(re depicted in the deense eidence is certain& an (g& one: petitioners aidaits as *e as Yap&(cos testi+on& are repete *ith s(ggestions that it *as Pa+int(an aone *ho har)ored the +otie to a+)(sh the s(spects as it *as he *ho their petitioners/ +inds that *hich the& ater on conceded to )e a +ista;en )eie as to the identit& o the s(spects. Cinco, or one, stated in co(rt that Pa+int(an had once reported to hi+ that Fores, a reatie o his Pa+int(an/, *as re(ent& +eeting *ith 1PA +e+)ers and that the San 7ig(e Corporation pant *here the icti+s *ere e+po&ed *as )eing penetrated )& 1PA +e+)ers. 8e aso air+ed Yap&(cos cai+ that there had )een a n(+)er o a+)(scades a(nched against +e+)ers o a* enorce+ent in '(e)ia*an and in the neigh)oring areas s(pposed& )& 1PA +e+)ers at aro(nd the ti+e o the incident. %(t as the Sandigan)a&an pointed o(t, it is (nort(nate that Pa+int(an had died d(ring the pendenc& o these cases een )eore his opport(nit& to testi& in co(rt e+erged. 8EREFORE, the instant petitions are DE15ED. The 0oint decision o the Sandigan)a&an in Cri+ina Case 1os. "99", "99"< and "99"=, dated 3(ne ?, "##!, are here)& AFF5R7ED *ith the oo*ing 7OD5F5CAT5O1S:
a/ 5n Cri+ina Case 1o. "99", petitioners are sentenced to s(er the indeter+inate penat& o si@ 9/ &ears and one "/ da& o prision +a&or, as the +ini+(+, to t*ee "/ &ears and one "/ da& o rec(sion te+pora, as the +a@i+(+6 in Cri+ina Case 1o. "99"=, the indeter+inate sentence is here)& +odiied to T*o / &ears and o(r =/ +onths o prision correcciona, as the +a@i+(+, and Si@ 9/ +onths o arresto +a&or, as the +ini+(+. )/ Petitioners are D5RECTED to inde+ni&, 0oint& and seera&, the heirs o Leodeince Lic(p in the a+o(nt o P??,>>>.>> as act(a da+ages, P!>,>>>.>> in +ora da+ages, as *e as 1oe 2ian(ea, in the a+o(nt o P!",?>>.>> as act(a and co+pensator& da+ages, and P>,>>>.>> as +ora da+ages.
SO ORDERED.
5nc(sion: 3(sti&ing circ(+stance6 a*( e@ercise o right. The aaia)iit& o the 0(sti&ing circ(+stance o (i+ent o d(t& or a*( e@ercise o a right or oice (nder Artice "" !/ o the Reised Pena Code rests on proo that a/ the acc(sed acted in the peror+ance o his d(t& or in the a*( e@ercise o his right or oice, and )/ the in0(r& ca(sed or the oense co++itted is the necessar& conse(ence o the d(e peror+ance o s(ch d(t& or the a*( e@ercise o s(ch right or oice. The 0(stiication is )ased on the co+pete a)sence o intent and negigence on the part o the acc(sed, inas+(ch as g(it o a eon& connotes that it *as co++itted *ith cri+ina intent or *ith a(t or negigence.
