G.R. No. 102140 April 22, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,
vs.
ROLANDO MANLULU AND DANTE SAMSON, accused-appellants.
BELLOSILLO, J.:
FACTS: In the evening of 29 May 1986, he and accused Dante Samson and Rolando Manlulu were having a drinking spree in an alley along Quirino Avenue, Paco, Manila. They were later joined by Agent Gerardo Alfaro who had a .45 cal. pistol tucked to his waist. When Alfaro arrived he blurted out, "Dito may kumakatalo sa aking tao." At twelve o'clock midnight, the group transferred in front of the house of Manlapaz and continued to drink. There Samson suddenly stabbed Alfaro in the chest with a 6-inch double-bladed knife while boasting, "Dapat sa iyo manahimik na." Alfaro at this time was "somewhat bent because he was already drunk." Manlulu then followed suit and stabbed Alfaro in the abdomen several times with an ice pick they used to chip ice. Samson grabbed the .45 cal. service pistol of Alfaro and shot him in the neck. When Alfaro slumped on the pavement, both accused fled, with Samson holding Alfaro's handgun. After a few seconds, both accused returned and got Alfaro's wristwatch and wallet.
Both accused invoke self- defense. According to Samson, while they were drinking, and after taking ekis pinoy, Alfaro said he had a "prospect" and invited them to go with him. Thinking that "prospect" meant they were going to rob somebody, Samson excused himself by saying that he had just been released from prison, and had yet to fetch his wife. Alfaro, apparently resenting Samson's unwillingness to join them, drew his gun and pointed it to Samson who parried it saying: "Pare, wala tayong biruan ng ganyan. Baka pumutok iyan." But Alfaro repeatedly pointed the gun to him. Every time he did, Samson would push the gun aside. Fearful that it might go off, he held the gun and tried to ward it off, resulting in a struggle for its possession. He got hold of the ice pick on top of the drum and stabbed Alfaro instinctively. Manlapaz tried to separate them; as a consequence, Samson dropped the ice pick. As Samson and Alfaro continued to wrestle for the possession of the gun, they fell on the ground and the gun accidentally went off hitting Alfaro in the neck. Rattled, Samson immediately fled.
They also insist that the non-issuance of a search warrant and warrant of arrest should nullify their arrest and consequently exclude from judicial consideration the evidence thus obtained. Patrolman Perez however admitted on cross- examination that when he arrested Manlulu and seized from him the handgun as well as the wristwatch, he (Perez) was not with any warrant nor did he inform the accused of the latter's right to counsel. Perez added that at that time Manlulu was under the influence of liquor.
The prosecution charges that Manlulu and Samson conspired in the murder of Agent Alfaro.
ISSUES:
- WON there was self defense
- WON there exists a conspiracy
- WON the arrest was made illegally
HELD:
1. NO, The three (3) requisites for self-defense are: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it; and, (3) lack of sufficient provocation on the part of the person defending himself. For self- defense to prosper, it must be positively shown that there was a previous unlawful and unprovoked attack that placed the life of the accused in danger which forced him to inflict more or less severe wounds upon his assailant, employing therefore reasonable means to resist said attack.
1. NO, The three (3) requisites for self-defense are: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it; and, (3) lack of sufficient provocation on the part of the person defending himself. For self- defense to prosper, it must be positively shown that there was a previous unlawful and unprovoked attack that placed the life of the accused in danger which forced him to inflict more or less severe wounds upon his assailant, employing therefore reasonable means to resist said attack.
Here, at the outset, the two accused have already failed to show that there was unlawful aggression on the part of Alfaro. A gun aimed at the accused, without more, is insufficient to prove unlawful aggression. For unlawful aggression to be appreciated in self-defense, there must be an actual, sudden and unexpected attack or imminent danger thereof, and not merely a threatening or intimidating attitude.
Even the means employed to repel or prevent the supposed attack was not reasonable. For, even if we disregard the gunshot wound which Samson claims to have resulted from an accidental firing, the victim also suffered seven other stab wounds, three of which were fatal, one of which was admittedly inflicted by Samson, while the other two, by accused Manlulu. Definitely, it was not necessary to stab, more so repeatedly, the victim. Considering their relative positions as they drank - each within the other's reach — all that was necessary was for the two accused to band together and overpower the lone victim with their bare hands, assuming the deceased was indeed pointing his gun at one of them. A stab wound may not necessarily be fatal and thus enable the victim to fire his gun. But a firm grasp by the two accused of the victim's arm holding the gun, or of the gun itself, could prevent the victim from shooting them. At any rate, the number of wounds suffered by Alfaro indicates a determined effort of both accused to kill the victim, which negates self- defense.
2. NO, There was no conspiracy likewise in the killing of Alfaro. Settled is the rule that neither joint nor simultaneous actionper se is a sufficient indicium of conspiracy. The evidence shows that it was the victim who chanced upon Manlapaz and the two accused drinking, and decided to join them. Accused Manlulu was not even armed when he went to the drinking spree. We have often said that conspiracy must be established beyond reasonable doubt. Here, the prosecution failed to show that Manlulu and Samson conspired to kill Alfaro. There being no conspiracy, each is liable for his own acts.
3. YES, The reliance of the accused on the Constitution however is warranted. Certainly, the police authorities should have first obtained a warrant for the arrest of accused Rolando Manlulu, and for the search and seizure of his personal effects. The killing took place at one o'clock in the morning. The arrest and the consequent search and seizure came at around seven o'clock that evening, some nineteen hours later. This instance cannot come within the purview of a valid warrantless arrest. Paragraph (b), Sec. 5, Rule 113 of the 1985 Rules on Criminal Procedure provides that the arresting officer must have "personal knowledge" of an offense which "has in fact just been committed." In the instant case, neither did Pat. Perez have "personal knowledge," nor was the offense "in fact just been committed." While Pat. Perez may have personally gathered the information which led to the arrest of Manlulu, that is not enough. The law requires "personal knowledge." Obviously, "personal gathering of information" is different from "personal knowledge." The rule requires that the arrest immediately follows the commission of the offense, not some nineteen hours later. This is not any different from People v. Cendana where the accused was arrested one day after the killing of the victim, and only on the basis of information obtained by the police officers. There we said that the "circumstances clearly belie a lawful warrantless arrest."
2. NO, There was no conspiracy likewise in the killing of Alfaro. Settled is the rule that neither joint nor simultaneous actionper se is a sufficient indicium of conspiracy. The evidence shows that it was the victim who chanced upon Manlapaz and the two accused drinking, and decided to join them. Accused Manlulu was not even armed when he went to the drinking spree. We have often said that conspiracy must be established beyond reasonable doubt. Here, the prosecution failed to show that Manlulu and Samson conspired to kill Alfaro. There being no conspiracy, each is liable for his own acts.
3. YES, The reliance of the accused on the Constitution however is warranted. Certainly, the police authorities should have first obtained a warrant for the arrest of accused Rolando Manlulu, and for the search and seizure of his personal effects. The killing took place at one o'clock in the morning. The arrest and the consequent search and seizure came at around seven o'clock that evening, some nineteen hours later. This instance cannot come within the purview of a valid warrantless arrest. Paragraph (b), Sec. 5, Rule 113 of the 1985 Rules on Criminal Procedure provides that the arresting officer must have "personal knowledge" of an offense which "has in fact just been committed." In the instant case, neither did Pat. Perez have "personal knowledge," nor was the offense "in fact just been committed." While Pat. Perez may have personally gathered the information which led to the arrest of Manlulu, that is not enough. The law requires "personal knowledge." Obviously, "personal gathering of information" is different from "personal knowledge." The rule requires that the arrest immediately follows the commission of the offense, not some nineteen hours later. This is not any different from People v. Cendana where the accused was arrested one day after the killing of the victim, and only on the basis of information obtained by the police officers. There we said that the "circumstances clearly belie a lawful warrantless arrest."
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