That on or about February 1, 1996, in the City of Iligan, Philippines, and within the jurisdiction of this Honorable Court, the said accused, except for others whose cases are still under preliminary investigation, conspiring with and confederating together and mutually helping each other, armed with deadly weapon, to wit: a caliber .45 pistol, by means of treachery and evident premeditation, and with intent to kill, did then and there willfully, unlawfully and feloniously attack, shoot and wound one Baudelio R. Batoon, thereby inflicting upon him the following physical injuries, to wit:
which caused his death.
Contrary to and in violation of Article 248 of the Revised Penal Code with the aggravating circumstances of treachery and evident premeditation.
Around noontime on February 1, 1996, Baudelio Batoon, Richard Batoon, Juanito Gepayo and a certain “Nito” were working on vehicles inside Baudelio Batoons auto repair shop situated along the highway in Tubod, Baraas, Iligan City.
Baginda Palao then entered the shop accompanied by appellants Renandang Mamaruncas and Pendatum Ampuan. Baginda Palao wore desert camouflage fatigues; while his two (2) companions wore Philippine Army tropical green fatigues. Baginda Palao showed Baudelio Batoon an arrest warrant and told the latter he was serving it against Batoon.
The arrival of Baginda Palaos group prompted Juanito Gepayo and Richard Batoon to stop their work and observe what was happening.
Baudelio Batoon told Baginda Palao to just wait awhile, as they would settle the matter after he [Batoon] [finishes] tuning-up an engine he had been working on.
Baginda Palao reacted by slapping the victims stomach and pointing a .45 caliber pistol at him. Baudelio Batoon then tried to grab Palaos gun, causing the two of them to grapple for the same. As these two wrestled for control of the gun, Renandang Mamaruncas, who was behind Baudelio Batoon, shot from behind Batoons right thigh with a .38 cal. homemade gun. Pendatum Ampuan, who was also standing behind Baudelio Batoon, followed up by shooting Batoons left arm pit with a .45 cal. [homemade] pistol. Baudelio Batoon fell to the ground and Baginda Palao finished [him off] with a single .45 cal. shot to the back. Juanito Gepayo and Richard Batoon saw the entire scene, stunned and unable to do anything. From their vantage points three (3) to four (4) meters away, these witnesses had a clear and unobstructed view of the entire incident.
Meanwhile, Police Inspector Graciano Mijares, then Commanding Officer of the Iligan City PNP Mobile Force Company, was riding a civilian car along the highway, heading towards Iligan City proper. He was accompanied by his driver, SPO3 William Yee, and SPO3 George Alejo. They heard the gunshots emanating from the auto repair shop at Baraas, prompting Inspector Mijares to order his driver to stop the car. They alighted and proceeded to the source of the gunshots. At the repair shop, they saw three (3) men in camouflage gear with guns drawn and pointed at a person already lying on the ground. Inspector Mijares group shouted at the camouflaged gunmen to stop what they were doing and to drop their firearms, at the same time announcing that they (Mijares group) were policemen.
The camouflaged gunmen reacted by firing at the policemen. The latter fired back. During the exchange of gunfire, Baginda Palao ran behind the Batoon house, while Renandang Mamaruncas and Pendatum Ampuan ran towards the road and a nearby car. Inspector Mijares was able to hit Mamaruncas and Ampuan, while SPO3 Yee likewise hit Ampuan. Mamaruncas, who managed to get inside the car, and Ampuan were then captured by the policemen. The lawmen also gave chase to Baginda Palao; but he escaped.
Other responding policemen brought Mamaruncas and Ampuan to the hospital for treatment and they were eventually placed under detention. Baudelio Batoon was brought to the hospital by his wife; but he was pronounced dead on arrival.
Based on the necropsy examination of the victims body, Dr. Leonardo Labanen established that the three (3) gunshot wounds found on the body of Baudelio Batoon (i.e., at the right thigh, left armpit and back) were inflicted at close range due to the presence, or at least traces, of gunpowder burns.7
Accused Renandang Mamaruncas testified that he is 34 years old, married, carpenter and a resident of Piagapo, Lanao del Sur. On the morning of February 1, 1996, he was in Marawi City. He decided to come down to Iligan City to see a movie. He left Marawi at 7:00 a.m. and upon arrival at the Tambacan terminal in Iligan City, he went to the house of his cousin. Later, he changed his mind about going to a movie and returned to the Tambacan terminal in order to go back to Marawi City. At about 11:30 a.m., Abdul Wahid Sultan arrived with Pendatum Ampuan on board a car driven by Aminola. Abdul Wahid invited him to go with them because he will collect some money and afterwards they will have some enjoyment. He agreed and sat at the rear seat behind the driver. Abdul Wahid was at the front seat with Pendatum behind at the back seat. They drove to Baraas. They stopped at a crossing and Abdul Wahid and Pendatum Ampuan alighted. Before walking away, Abdul Wahid handed to Renandang a .38 cal[.] revolver with instructions to remain in the car and [keep] watch. At first he refused but Abdul Wahid insisted so he accepted the gun. Abdul Wahid and Pendatum walked to the shop leaving the rear right door open. About ten minutes later, he heard three gunshots. He moved to the rear seat where the door was open and saw policemen, who arrived and surrounded the car. He placed the gun on the seat and raised his hands as a sign of surrender. Then with his right hand, he closed the car door. Just as the door closed, the policemen shot him on the forearm and chest below the right nipple. He lost consciousness and regained it only at the hospital.
He further testified that Abdul Wahid Sultan is an old friend. He is also known as Baginda Palao. Pendatum Ampuan is not known as Abdul Wahid Sultan.
He also declared that the statement of Juanito Gepayo that only Abdul Wahid Sultan and Pendatum Ampuan entered the shop and shot Baudelio Batoon is true and that the testimony of P/Insp. Mijares that he also shot the victim is not true. He denied any part in the shooting to death of Baudelio Batoon.
Accused Pendatum Ampuan testified that he is 20 years old, single, student and a resident of Piagapo, Lanao del Sur. On January 31, 1996 at about 6:00 a.m., he left Marawi City for Iligan City on board a passenger Armak jeepney. He alighted at the terminal behind the Gaisano Superstore and at exactly 7:00 a.m., he entered the store and went to the upper storey to shop. When he came out, he met a friend name[d] Bessah. Together they walked to the Maharlika Theater but then Bessah expressed the intention to go home to Marawi City. He accompanied Bessah to the Tambacan terminal. Then he proceeded to the house of his Uncle Ali in Cabaro. (This is a place North of the city and at the opposite side from Tambacan which is South of the city). He arrived there at noon. He stayed overnight at his Uncle Alis house. At about 9:00 a.m., the following day, February 1, 1996, he left the house of his uncle. Outside, he met Baginda Palao, who was looking for a certain Baser, a policeman. He wanted the latter to help him collect a debt. They went to the terminal at the back of Gaisano store but did not find Baser. Baginda told him to wait while he will look for Baser inside the Gaisano store. Baginda returned without having found Baser and once again he told him to wait while Baginda will look for a car. A little later, Baginda returned on board a car driven by one Aminola Basar. They went to the Tambacan terminal but again did not find Baser. Instead, they saw Renandang Mamaruncas. Baginda invited the latter to go with them to Baraas to collect a debt. Renandang entered the car and they proceeded to Baraas. The car stopped at a place near a shop. Baginda instructed him and Renandang to remain in the car because he was going out to collect the debt. Baginda left the car and entered the shop. About ten minutes later, he heard shouting followed by gunfire. He stepped out of the car to verify and saw Baginda Palao [shoot] the victim. He retreated to the car as the police led by Capt. Mijares arrived. They confiscated the car key and arrested them except Baginda Palao who escaped. They were taken to the hospital due to injuries. In his case, the sustained wounds when mauled by the children of the victim but in another breath he admitted that his injury was a gunshot wound when he was caught in the cross fire as the police shot Renandang Mamaruncas. He was inside the car when he was hit. He further admitted that Baginda Palao is known as Abdul Wahid Sultan. He denied shooting Baudelio Batoon.8
WHEREFORE, the court finds the accused Renandang Mamaruncas and Pendatum Ampuan GUILTY beyond reasonable doubt as principals of the crime of murder qualified by treachery defined and penalized in Art. 248 of the Revised Penal Code as amended, without the presence of any other aggravating circumstances and hereby sentences each of them to suffer the penalty of RECLUSION PERPETUA with the corresponding accessory penalties attached thereto by law and to indemnify the Heirs of Baudelio Batoon the sums of:
- P10,200,000.00 for and as loss of support;
- P66,904.00 for and as actual damages;
- P50,000.00 as death indemnity and
- P100,000.00 for and as moral damages
without subsidiary imprisonment in case of insolvency.
Cost against the accused.
Having been under preventive detention since February 1, 1996, the period of such detention shall be credited in full in favor of said accused in the service of their respective sentences.
SO ORDERED.9
WHEREFORE, premises considered, the Appeal is hereby DISMISSED and the questioned Judgment dated July 19, 1999 of the Regional Trial Court is AFFIRMED with MODIFICATION. Appellants Renandang Mamaruncas and Pendatum Ampuan are found GUILTY beyond reasonable doubt of murder as defined in Article 248 of the Revised Penal Code, as amended by Republic Act No. 7659 and are hereby sentenced to suffer the penalty of reclusion perpetua. The appellants are to pay, jointly and severally, the heirs of Baudelio Batoon the amount of P50,000.00 by way of civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages and P66,904.00 as actual damages.
SO ORDERED.18
- That the trial court erred in convicting [them] when they should have been acquitted for failure of the prosecution to prove its case beyond reasonable doubt; and
- The information filed before the trial court was substantially defective.[22]
x x x We agree with the prosecutions observation that although he did not positively identify appellant Mamaruncas as one of the shooters, he was however, able to point out that there was a third person who accompanied assailants Palao and Ampuan in approaching the victim during the incident. This is also bolstered by Insp. Mijares[ ] testimony that he saw three assailants pointing their guns at the victim who was already lying prostrate on the ground.27
Q: After these three persons rather Abdul Wahid together with two companions, presented the warrant of arrest to your father, what happened thereafter? A: They pulled their guns and pointed [them at] my father. Q: Who pulled out .45 caliber gun [and pointed it at] your father? A: Abdul Wahid, Sir Q: And what happened after the .45 pistol [was] pointed [at] your father? A: My father tried to [grab] the .45 caliber from Abdul Wahid, Sir. Q: What happened after? A: My father was shot by one of his companion[s], Sir. Q: Who [first shot] your father? A: (Witness pointing to a person. [W]hen he was asked x x x his name[,] he answered that he is Renandang Mamaruncas) x x x x Q: After this Renandang Mamaruncas shot your father, what happened thereafter? A: The other companion fired the next shot (witness pointing to a person sitting at the bench inside the Courtroom and when he was asked x x x his name, he answered that he is Pendatum [Ampuan].)28
Discrepancies between a sworn statement and testimony in court do not outrightly justify the acquittal of an accused. Such discrepancies do not necessarily discredit the witness since ex parte affidavits are often incomplete. They do not purport to contain a complete compendium of the details of the event narrated by the affiant. Thus, our rulings generally consider sworn statements taken out of court to be inferior to in court testimony (citation omitted).
FISCAL ROBERTO ALBULARIO:Per manifestation and admission of this witness, the Information be amended from [Renandang] Mamaruncas and the word and, it should be Bagindo [sic] Palao alias Abdul Wahid Sultan and the alias Pendatum Ampuan be erased as corrected.
COURT:Any comment from the accused.
ATTY. FIDEL MACAUYAG:No comment, Your Honor.33
In the above situation, treachery was considered to exist. More so in this case when the victim was completely without any weapon from the inception of the assault. At the moment when Pendatum Ampuan and Renandang Mamaruncas shot him, Baudelio Batoon was not in any position to defend himself. And when Abdul Wahid shot him while lying wounded on the ground, he was utterly defenseless.34
Section 3. Persons convicted of offenses punishable with reclusion perpetua or whose sentences will be reduced to reclusion perpetua by reason of this Act, shall not be eligible for parole under Act No. 4103 otherwise known as the Indeterminate Sentence Law, as amended.
Endnotes:
1 People v. Castel, G.R. No. 171164, November 28, 2008, 572 SCRA 642, 668.
2 CA rollo, pp. 250-273; penned by Associate Justice Ramon R. Garcia and concurred in by Associate Justices Romulo V. Borja and Sixto C. Marella, Jr.
3 Records, pp. 162-171; penned by Judge Valerio M. Salazar.
4 Id. at 1.
5 Initially, the names of the accused were indicated as “Romandang Mamaruncas, Baginda Palao and Abdul Wahid Sultan alias Pendatum Ampuan. (Id.) Later, the names of the accused were properly corrected in the Information as Renandang Mamaruncas, Baginda Palao alias Abdul Wahid Sultan and Pendatum Ampuan, id.; TSN, September 7, 1998, p. 18.
6 Records, p. 34.
7 CA rollo, pp. 185-189. Citations omitted.
8 Records, pp. 165-166.
9 Id. at 171.
10 Id. at 173-175.
11 CA rollo, p. 42.
12 See Notice to File Appellant Brief dated March 6, 2000, id. at 45.
13 Id. at 64-77.
14 Id. at 179-208.
15 G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640.
16 See Minute Resolution dated September 13, 2004, CA rollo, p. 245.
17 Supra note 2.
18 CA rollo, p. 272.
19 Id. at 281-284.
20 Rollo, p. 32.
21 See the OSGs Manifestation and Motion for Leave to Adopt Brief as Supplemental Brief, id. at 33-36, and appellants Manifestation and Motion (In Lieu of Supplemental Brief), id. at 37-40.
22 CA rollo, p. 65.
23 See TSN, May 20, 1996, pp. 18 and 77.
24 People v. Bernabe, G.R. No. 185726, October 16, 2009, 604 SCRA 216, 231.
25 TSN, May 20, 1996, p. 47.
26 People v. Diaz, G.R. No. 185841, August 4, 2009, 595 SCRA 379,403.
27 CA rollo, p. 265.
28 Direct Testimony of Richard Batoon, TSN, September 18, 1996, pp. 15-19.
29 Exhibit “1,” records, p. 6.
30 Gemma Ong a.k.a Maria Teresa Gemma Catacutan v. People, G.R. No. 169440, November 23, 2011.
31 TSN, May 20, 1996, p. 88.
32 Panuncio v. People, G.R. No. 165678, July 17, 2009, 593 SCRA 180, 188.
33 TSN, September 7, 1998, p. 29.
34 Records, p. 169.
35 Mangangey v. Sandiganbayan, G.R. Nos. 147773-74, February 18, 2008, 546 SCRA 51, 66.
36 Chua v. People, G.R. Nos. 150926 and 30, March 6, 2006, 484 SCRA 161, 167.
37 People v. Dumlao, G.R. No. 181599, August 20, 2008, 562 SCRA 762, 769.
38 Art. 248. Murder. - Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances:
- With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity;
- In consideration of a price, reward, or promise;
- By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;
- On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity;
- With evident premeditation;
- With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
39 An Act Prohibiting the Imposition of Death Penalty in the Philippines. Took effect on June 24, 2006.
40 People v. Agacer, G.R. No. 177751, December 14, 2011.
41 Id.
42 People v. Orias, G.R. No. 186539, June 29, 2010, 622 SCRA 417, 437-438.
43 Exhibit “D”, records, p. 72.
44 People v. Dela Cruz, G.R. No. 168173, December 24, 2008, 575 SCRA 412, 446-447.
45 People v. Guillera, G.R. No. 175829, March 20, 2009, 582 SCRA 160, 171.
46 People v. Agacer, supra note 40.
47 People v. Asis, G.R. No. 177573, July 7, 2010, 624 SCRA 509, 531.