G.R. No. 116200-02, June 21, 2001
People of the Philippines, plaintiff-appellee, vs. PO3 Eleuterio Tan, PO3 Leonilo Maranga, PO3 Alexander Pacioles, PO1 Paulo de la Peña, PNP, Naval, Biliran, accused-appellants.

FACTS

On May 12, 1991, around 10:30 PM, a group including PT Officer Second Class Ramon Gabitan, CAFGU member Andres Lapot, and Danilo Dumdum were drinking at the Twin’s Disco Pub in Naval, Leyte. A crew member, Froilan Acorda, danced with waitress Rosie Catigbe, an alleged girlfriend of accused-appellant PO3 Eleuterio Tan, who was also present. Later, as Gabitan’s group left the disco with five waitresses, including Catigbe and Jovith Cerilles, Tan approached and spoke to two waitresses, who then turned back. Tan then confronted Acorda, identified himself as a police officer, and drew a .38 caliber gun when asked for his badge. Acorda disarmed Tan with a karate blow, after which Tan left on his bicycle. Gabitan’s group, with three remaining waitresses, boarded a pumpboat. As they were about to leave the pier, a fire truck arrived with Tan on the water tank. Accused-appellants PO3 Leonilo Maranga and PO1 Paulo dela Peña jumped off the truck, and PO3 Alexander Pacioles was behind the wheel. Armed with M-16 rifles, they fired warning shots and then opened fire at the moving pumpboat. Ramon Gabitan was hit, fell overboard, and was later found dead. Jovith Cerilles sustained five wounds, and Edward Villaflor was hit in the right leg; both survived. The accused-appellants were charged with murder for Gabitan’s death and two counts of attempted murder for Cerilles and Villaflor. After a change of venue to the RTC of Tacloban City, they were tried, convicted, and sentenced.

ISSUE

Whether the accused-appellants are guilty beyond reasonable doubt of murder and two counts of attempted murder.

RULING

The Supreme Court affirmed the trial court’s decision with modifications. It upheld the conviction for murder qualified by treachery, as the attack was sudden and from a distance, leaving the victims defenseless. The Court found conspiracy among all accused-appellants, as their collective actions demonstrated a common purpose to attack the victims. Evident premeditation was not established for all, being applicable only to accused Eleuterio Tan. The penalties were adjusted: for murder, Eleuterio Tan was sentenced to Reclusion Perpetua, and his co-accused to an indeterminate penalty. For the attempted murders, all accused were sentenced to indeterminate penalties. Civil indemnities were awarded: P200,000.00 to Gabitan’s heirs, P20,000.00 each to Cerilles and Villaflor, plus moral damages.