GR L 32322 23; (January, 1982) (Digest)
G.R. No. L-32322-23 January 27, 1982
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDUARDO FERNANDEZ, ANTONIO ANTIDO, ROBERTO LABRA and BENJAMIN BARCELONA, defendants-appellants.
FACTS
The accused-appellants were convicted by the Circuit Criminal Court of murder for the killing of Renato Pangilinan and frustrated murder for the shooting of Apolinario Lopez. The incidents occurred on September 17, 1969, in Quezon City, during a film shoot. The prosecution’s evidence established that after a social drinking session at the shoot location, an altercation arose. Later that evening, appellants Fernandez and Antido, who were police officers, intercepted the vehicle carrying Pangilinan and Lopez. Fernandez fired at the vehicle, killing Pangilinan and wounding Lopez. Appellants Labra and Barcelona were implicated as part of the alleged conspiracy.
ISSUE
The primary issue is whether the crimes committed were murder and frustrated murder, or the lesser crimes of homicide and frustrated homicide, and whether the aggravating circumstances alleged in the information were duly proven.
RULING
The Supreme Court modified the trial court’s decision. It held that the crimes committed were homicide and frustrated homicide, not murder. The qualifying circumstances of treachery and evident premeditation were not proven beyond reasonable doubt. The Court found no evidence that the means of execution were deliberately adopted to ensure the attack without risk to the appellants. The altercation earlier in the day negated the idea of a coldly preconceived plan. The Court acquitted Roberto Labra and Benjamin Barcelona for failure of the prosecution to prove their conspiracy in the shooting beyond reasonable doubt. For Eduardo Fernandez and Antonio Antido, the Court appreciated the incomplete justifying circumstance of defense of a relative, mitigating their liability. Considering their voluntary surrender and the fact that Fernandez was a co-principal in homicide and Antido in frustrated homicide, the Court sentenced them to an indeterminate penalty. The Court also ordered their immediate release, having noted that their period of detention had already exceeded the maximum penalties imposed.