GR L 37168; (September, 1985) (Digest)
G.R. Nos. L-37168-69 September 13, 1985
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DELFINO BELTRAN, et al., accused-appellants.
FACTS
In the evening of January 11, 1972, in Ballesteros, Cagayan, accused Delfino Beltran shouted an insult at Ernesto Alvarado and Calixto Urbi as they passed the Puzon Compound. Alvarado reported the incident to Mayor Bienvenido Quirolgico. The Mayor, accompanied by his son Vicente, Patrolman Rolando Tolentino, and others, proceeded to the compound intending to peacefully talk to Delfino, whom he knew personally. As they approached, appellants Delfino Beltran, Rogelio Bugarin, and Domingo Hernandez suddenly opened fire. Vicente Quirolgico was fatally hit, while the Mayor and Patrolman Tolentino sustained gunshot wounds. As the group fled to bring Vicente to the hospital, appellants Cresencio Siazon, Ceferino Beltran, and Manuel Puzon emerged from the compound and fired at their vehicle. Vicente died shortly after admission to the hospital.
ISSUE
The primary issues were whether the appellants were guilty of murder for the death of Vicente Quirolgico and of double attempted murder with direct assault against Mayor Quirolgico and Patrolman Tolentino, and whether the mitigating circumstance of voluntary surrender should be credited to them.
RULING
The Supreme Court affirmed the convictions but modified the penalties. The trial court’s findings of fact, which established a coordinated and sudden attack by the appellants, were upheld. The Court rejected the claim of self-defense by Delfino Beltran, as he failed to prove the essential elements of unlawful aggression, reasonable necessity of means, and lack of sufficient provocation. The attack was deemed treacherous, qualifying the killing as murder, as the appellants employed means that ensured the execution of the crime without risk to themselves from any defense the victims might make. The Court also affirmed the conviction for double attempted murder with direct assault, noting that the victims, Mayor Quirolgico and Patrolman Tolentino, were persons in authority performing official duties.
Regarding penalties, the Court credited the appellants with the mitigating circumstance of voluntary surrender, as they had presented themselves to authorities. However, this was offset by the aggravating circumstance of evident premeditation. Due to the lack of necessary votes for capital punishment, the death penalty for murder was reduced to reclusion perpetua, and the civil indemnity was increased to P30,000.00. The penalties for double attempted murder with direct assault and for a separate charge of attempted homicide against Delfino Beltran were also reduced pursuant to the Indeterminate Sentence Law. The case against appellant Cresencio Siazon was earlier dismissed due to his death.