Police officers Daniel Pinto Jr. and Narciso Buenaflor Jr. were executing a search warrant for Francisco Bello when a shooting occurred that killed Richard Tiongson and injured Maria Theresa Tiongson. When searching Bello's parents' home, firearms were found. Later, Bello, Rosalio Andes, and others were shot and killed by authorities in Daraga, Albay. The court ruled that the killings were not done in the performance of the officers' duties according to a lawful order, as they went beyond the scope of their mission to apprehend Bello with just a search warrant.
Police officers Daniel Pinto Jr. and Narciso Buenaflor Jr. were executing a search warrant for Francisco Bello when a shooting occurred that killed Richard Tiongson and injured Maria Theresa Tiongson. When searching Bello's parents' home, firearms were found. Later, Bello, Rosalio Andes, and others were shot and killed by authorities in Daraga, Albay. The court ruled that the killings were not done in the performance of the officers' duties according to a lawful order, as they went beyond the scope of their mission to apprehend Bello with just a search warrant.
Police officers Daniel Pinto Jr. and Narciso Buenaflor Jr. were executing a search warrant for Francisco Bello when a shooting occurred that killed Richard Tiongson and injured Maria Theresa Tiongson. When searching Bello's parents' home, firearms were found. Later, Bello, Rosalio Andes, and others were shot and killed by authorities in Daraga, Albay. The court ruled that the killings were not done in the performance of the officers' duties according to a lawful order, as they went beyond the scope of their mission to apprehend Bello with just a search warrant.
Police officers Daniel Pinto Jr. and Narciso Buenaflor Jr. were executing a search warrant for Francisco Bello when a shooting occurred that killed Richard Tiongson and injured Maria Theresa Tiongson. When searching Bello's parents' home, firearms were found. Later, Bello, Rosalio Andes, and others were shot and killed by authorities in Daraga, Albay. The court ruled that the killings were not done in the performance of the officers' duties according to a lawful order, as they went beyond the scope of their mission to apprehend Bello with just a search warrant.
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FACTS :
A police operation to serve a search warrant in the premises of
Francisco Bello thru policemen Daniel Pinto, Jr. and Narciso Buenaflor, Jr for alleged position of rifle and submachine gun. On the night of the execution to serve the warrant a shooting incident happened. One vehicle which carry members of Tiongson family, driver and a priest was fired by the operatives. Richard Tiongson died the following day while Maria Theresa was fatally wounded. Despite the incident, the police operative pursued its mission to haunt for Francisco Bello. When they reached the residence of Bello’s parents they found out different types of firearms. Thereafter, the Chief of Police, declared the search terminated and the entire searching party left for the headquarters. Bello and his party arrived in Daraga, Albay and stayed in the house of Inocencia Malbas. Early in the morning successive burst of gunfire were heard, Bello, who was in the balcony was gradually fall down, with his hands above his head. He died due to multiple gunshot wounds. Rosalio Andes was also shot and was killed allegedly fought back with authorities. He died due to multiple gunshot wounds.
Issues :
Whether or not the killings (Tiongson, Bello and Andes) and
frustrated murder (MT Tiongson) were perpetrated in the course of the performance of their official duties as peace officers in obedience to the lawful order of their superiors?
Ruling :
NO, the accused-appellant killed the victims and injured one
person not in the performance of their official duty as peace officers in obedience to the lawful order of their superior. In order that the justifying circumstance of fulfillment of a duty under Article 11 of the Revised Penal Code may be successfully invoked, the defense has to prove that these two requisites are present: (a) the offender acted in the performance of a duty and (b) the injury or offense committed be the necessary consequence of the due performance or lawful exercise of such duty. In the absence of the second requisite, the justification becomes an incomplete one thereby converting it into a mitigating circumstance under Articles 13 and 69 of the same Code. Armed with only a search warrant and the oral order to apprehend Bello, they went beyond the ambit of their mission and deprived Bello and two other persons of their lives. The fact that the victims were different from the ones the appellants intended to injure cannot save them from conviction. Aberratio ictus or mistake in the identity of the victim carries the same gravity as when the accused zeroes in on his intended victim. The main reason behind this conclusion is the fact that the accused had acted
G.R. No. 198694: February 13, 2013 Ramon Martinez y Goco/Ramon Goco y Martinez, Petitioner, v. People of The Philippines, Respondent. Perlas-Bernabe, J.
