G.R. No. 247961, June 16, 2021
People of the Philippines, Plaintiff-Appellee, vs. Roberto Bautista, Roger Bautista, Ronnie Bautista and Rolly Bautista, Accused-Appellants.

FACTS

This is an appeal from the Court of Appeals Decision affirming the Regional Trial Court’s Joint Decision. Accused-appellants Roberto, Roger, Ronnie, and Rolly Bautista were charged with Murder for the killing of SPO1 Rufino Rapacon (Criminal Case No. 6961-V), and Rolly Bautista was separately charged with Frustrated Murder with Direct Assault for the attack on SPO1 Florence Rapacon (Criminal Case No. 6962-V). A third case for Frustrated Homicide (Criminal Case No. 6963-V) was dismissed by the RTC.
The prosecution’s version states that on December 30, 2011, accused-appellants were assaulting Eric Pajarillo at a basketball court. SPO1 Rufino Rapacon responded to the commotion. His wife, SPO1 Florence Rapacon, followed, carrying her service firearm. SPO1 Florence witnessed her husband kneeling, with his hands held by Ronnie and Roberto, while all four accused-appellants simultaneously stabbed him with various weapons (screwdriver, knife, broken bottle). She fired warning shots and, when Ronnie continued stabbing, shot Ronnie. Rolly then stabbed SPO1 Florence from behind. A struggle ensued, and she managed to stab Rolly with the knife he used. SPO1 Rufino died; SPO1 Florence survived after hospitalization and a forced labor that resulted in her newborn’s death.
The defense claimed that SPO1 Rufino initially pointed a gun at Roberto, leading to a struggle. Ronnie stabbed SPO1 Rufino during this grapple. When SPO1 Florence arrived and shot at them, Rolly stabbed her.
The RTC convicted all four accused-appellants of Murder for killing SPO1 Rufino, qualified by abuse of superior strength. It convicted Rolly of the complex crime of Frustrated Murder with Direct Assault for attacking SPO1 Florence, qualified by treachery. The CA affirmed the convictions but modified the damages. Accused-appellants appealed to the Supreme Court.

ISSUE

The core issues raised were whether conspiracy and the qualifying circumstances of abuse of superior strength (for Murder) and treachery (for Frustrated Murder) were proven beyond reasonable doubt.

RULING

The Supreme Court PARTIALLY GRANTED the appeal. It modified the lower courts’ decisions.
1. In Criminal Case No. 6961-V (Murder of SPO1 Rufino Rapacon): The Court found conspiracy among all four accused-appellants was proven by their collective and simultaneous attack on the victim. However, the qualifying circumstance of abuse of superior strength was not proven. The information also alleged treachery and evident premeditation, but these were not established. Without any qualifying circumstance, the crime is Homicide, not Murder. All four accused-appellants are guilty of Homicide and sentenced to an indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum. They are ordered to pay the heirs of SPO1 Rufino Rapacon P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages.
2. In Criminal Case No. 6962-V (Attack on SPO1 Florence Rapacon): The Court found that the qualifying circumstance of treachery was not proven. The attack from behind did not necessarily constitute treachery, as the essence of treachery (the deliberate adoption of means to ensure execution without risk to the assailant) was not established. Furthermore, the crime committed was not Frustrated Murder but Frustrated Homicide. However, since SPO1 Florence was a police officer in the performance of her duty when attacked, the crime is the complex crime of Direct Assault with Frustrated Homicide. Accused-appellant Rolly Bautista is guilty of this complex crime and sentenced to an indeterminate penalty of six (6) years of prision correccional, as minimum, to eleven (11) years of prision mayor, as maximum. He is ordered to pay SPO1 Florence Rapacon P30,000.00 as civil indemnity, P30,000.00 as moral damages, and P30,000.00 as exemplary damages, in addition to P81,430.73 actual damages.
All monetary awards shall earn interest at 6% per annum from the finality of judgment until fully paid.