People v. Tiongson (G.R. Nos. L-35123-24 July 25, 1984)

 G.R. Nos. L-35123-24 July 25, 1984

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RUDY TIONGSON

Facts:

On October 26, 1971, around 5:30 PM, the accused Rudy Tiongson, along with George de la Cruz and Rolando Santiago, escaped from the Municipal Jail of Bulalacao, Oriental Mindoro, where they were detained on the charge of Attempted Homicide. The accused was charged for the Murder of Zosimo Gelera, a member of the Bulalacao, Oriental Mindoro police force, who was guarding the accused, and PC Constable Aurelio Canela of the PC Detachment stationed in Bulalacao, Oriental Mindoro. Both of them went after the escapees. By reason thereof, Rudy Tiongson was charged with Murder, in two separate informations namely, Crim. Case No. R-DJC-243 and Crim. Case No. R-DJC-244.

Upon arraignment, the accused pleaded guilty to both informations with the assistance of counsel de oficio. The trial court, however, did not render judgment outright but instead ordered the prosecution to present its evidence before sentencing the accused to death in each case, indemnifying the victims' heirs in the amount of P12,000.00, and paying the costs.

The counsel argues that the evidence given by the prosecution does not warrant nor support their claim that the killing of Pat. Zosimo Gelera was qualified by treachery since the prosecution failed to present any eyewitness who directly saw the killing of Pat. Gelera. The Solicitor General agrees with counsel for the accused.

Issue: Is there an occurrence of aggravating circumstances of:

(1) evident premeditation,

(2) in contempt of or with insult to public authorities,

(3) uninhabited place, and 

(4) abuse of superior strength

Ruling: 

1. None. There is the absence of sufficient proof that there was planning on the part of the appellants to kill the victim and that it was preceded by deliberate thought and reflection. Only ten minutes passed from the time the accused escaped from the Municipal Jail up to the time he shot PC Constable Canela near the cemetery thus, there was no lapse of time during which he could have deliberately planned the killing of the said PC Constable and meditated on the consequences of his act.

2. None. There was also no contempt of or with insult to the public authorities in the commission of the crime. Pat. Gelera and PC Constable Canela were the very ones against whom the crime was committed. Pat. Gelera and PC Constable Canela are also not persons in authority, but merely agents of a person in authority. 

3. None. PC Sgt. Saway said that the place where PC Constable Canela was shot was about 700 meters away from the Municipal Building of Bulalacao, Oriental Mindoro, which does not satisfy the requirement. They also failed to show that the place was intentionally sought by the accused to commit the crime. The accused was merely trying to evade his pursuers.

4.  None. There was no abuse of superior strength as the accused was a detainee and was unarmed and was also alone.