G.R. No. 254269 & G.R. No. 254346. October 13, 2021.
PO2 RANDOLPH CAMBE and ANTHONY CACHO, PETITIONERS, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioners PO2 Randolph Cambe and PO2 Anthony Cacho were charged with two counts of Frustrated Murder for shooting Lynyrd Cueva and Paul David Cueva on October 11, 2010, in San Felipe, Zambales. The prosecution alleged that after a verbal altercation where the victims’ group was leaving a bar, PO2 Cambe shot Paul in the leg and Lynyrd in the abdomen, with PO2 Cacho uttering, “Ubusin na ang mga ito.” PO2 Cambe attempted to fire more shots but his gun jammed. The victims survived due to medical intervention. The defense claimed self-defense. PO2 Cambe testified that after he and PO2 Cacho (who was unarmed) identified themselves as police officers to quiet the noisy group, Roberto Dicipulo, Jr. hit him with a beer bottle, causing him to fall, and that Lynyrd and Paul then attempted to attack him while he was on the ground, prompting him to shoot them. The Regional Trial Court convicted petitioners of Frustrated Murder for both counts. The Court of Appeals affirmed the conviction but modified the crimes, finding PO2 Cambe guilty of Frustrated Murder for shooting Lynyrd and Attempted Murder for shooting Paul, and PO2 Cacho guilty as a principal by inducement for both crimes. Petitioners sought review.

ISSUE

Whether the Court of Appeals correctly affirmed the conviction of petitioners for Frustrated Murder and Attempted Murder.

RULING

The Supreme Court DENIED the petitions and AFFIRMED the Decision of the Court of Appeals with MODIFICATION. The Court held that the prosecution proved the guilt of petitioners beyond reasonable doubt. PO2 Cambe’s claim of self-defense failed as he did not prove unlawful aggression by the victims; the evidence showed he was the aggressor who shot an unarmed Paul and a surrendering Lynyrd. The number and location of wounds (Paul sustained one non-fatal wound, Lynyrd sustained a fatal abdominal wound) indicated different levels of intent, warranting the classification of the crimes as Attempted Murder for Paul and Frustrated Murder for Lynyrd. PO2 Cacho was liable as a principal by inducement for uttering “Ubusin na ang mga ito,” which directly influenced PO2 Cambe to commit the crimes. The qualifying circumstance of abuse of superior strength was present. The Court imposed the penalty of imprisonment for an indeterminate period of six (6) years and one (1) day of prision mayor as minimum to twelve (12) years and one (1) day of reclusion temporal as maximum for Frustrated Murder (Lynyrd), and four (4) years and one (1) day of prision correccional as minimum to eight (8) years and one (1) day of prision mayor as maximum for Attempted Murder (Paul), with corresponding damages awarded to the victims.