G.R. No. 131421 November 18, 2002
GERONIMO DADO, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.

FACTS

Petitioner Geronimo Dado, a police officer, and his co-accused Francisco Eraso, a CAFGU member, were charged with Murder for the death of Silvestre Balinas. On the night of May 25, 1992, they were part of a police team positioned to intercept cattle rustlers at Sitio Paitan, Sultan Kudarat. The team included prosecution witnesses Alfredo Balinas and Rufo Alga. When an unidentified person approached, accused Eraso fired his M16 rifle at the man. Immediately thereafter, petitioner Dado fired a single shot from his .45 caliber pistol. The victim, who turned out to be Silvestre Balinas, nephew of Alfredo, shouted as he fell. The post-mortem examination revealed two gunshot wounds, with the fatal wound located at the mid-inner thigh, caused by a 5.56mm bullet (consistent with an M16 rifle). Petitioner testified that upon hearing rapid gun bursts (from Eraso), he thought they were under attack and fired his pistol eastward, away from the source. The trial court convicted both of Homicide, which the Court of Appeals affirmed. Eraso’s conviction became final. Petitioner filed this petition, contesting the finding of conspiracy and his conviction.

ISSUE

1. Whether conspiracy attended the commission of the crime, making petitioner liable for the acts of his co-accused.
2. Whether petitioner is guilty of Homicide based on the evidence presented.

RULING

1. No, conspiracy was not proven. The Information did not allege conspiracy in appropriate language (e.g., “conspired,” “confederated”). Absent such allegation, conspiracy cannot be considered. Even if alleged, conspiracy was not proven beyond reasonable doubt. The simultaneous acts of firing were spontaneous reactions to a perceived threat, not evidence of a prior agreement to kill. Petitioner and Eraso acted independently.
2. No, petitioner is not guilty of Homicide. The fatal wound was caused by a 5.56mm bullet from an M16 rifle, the weapon of accused Eraso. The ballistic evidence did not conclusively link petitioner’s .45 caliber pistol to the fatal injury. Petitioner’s act of firing his pistol, under the mistaken belief that his team was under attack, constituted the separate crime of Illegal Discharge of Firearm under Article 254 of the Revised Penal Code. His liability is only for his own act.
The Supreme Court MODIFIED the decision. Petitioner Geronimo Dado is found guilty of Illegal Discharge of Firearm and sentenced to an indeterminate penalty of six months of arresto mayor, as minimum, to two years and eleven months of prision correccional, as maximum. The civil liability for the death of Silvestre Balinas is borne solely by accused Francisco Eraso.