G.R. No. 39519 November 21, 1991PEOPLE OF THE PHILIPPINES, petitioner-appellee vs.DANIEL PINTO, JR. an NAR!ISO "#ENAFLOR, JR., defendants-appellants.The Solicitor General for petitioner-appellee.K.V. Faylona & Associates for defendants-appellants.FERNAN, C.J.:pAs an aftermath of the mission of the Legazpi City Police Department to serve on Christmas day in 1970 a search arrant on !rancisco "ello ho as allegedly training a private army# patrolmen Daniel Pinto# $r. and %arciso "&ena'or# $r. ere fo&nd g&ilty (eyond reasona(le do&(t (y the then Circ&it Criminal Co&rt in said city# of )illing not only "ello (&t also 9-year-old *ichard +iongson and *osalio Andes and serio&sly o&nding ,aria +heresa +iongson. +he dispositive portion of the decision of $&ne 1-# 197.. 1 reads/012*2!3*2# the Co&rt 4nds the acc&sed %arciso "&ena'or# $r. and Daniel Pinto# $r. 567L+8 (eyond reasona(le do&(t of crime of/9a: ,6*D2* in CCC-;-er imprisonment for the rest of their lives 9Reclusion Perpetua:? to indemnify the heir of *osalie Andes in the amo&nt of +enty-4ve +ho&sand 9Pee hen she heard a s&ccessive (&rst of g&n4re. "ello# ho as the (alcony facing the copra )iln 9GagonanG: ith his (ac) toards the pili tree# grad&ally fell to the 'oor ith his hands a(ove his head. +hen there as another (&rst of g&n4re. !rom the )itchen# 7nocencia r&shed to the door from here she sa a man holding a long 4rearm# hom she later identi4ed as Pinto# near the pili tree hich as aro&nd eight meters from here "ello as# and another man# also holding a g&n# cro&ching near the stairs. 517nocencia# ith her to-year-old child in her arms# 52 as a(o&t to r&sh to "ello hen her h&s(and p&lled her. $&st then a man# hom 7nocencia identi4ed as "&ena'or# came &p the ho&se# pointed a g&n at 7nocencia and her h&s(and and told them to lay 'at on the 'oor. +he man as)ed them here the g&n as. 7nocencia told him that there as no g&n in the ho&se (&t then# hen she loo)ed aro&nd# she sa a long 4rearm ith its m&zzle pointed &pard leaning against the all near the door aro&nd to meters from here "ello laid 'at on his (ac). "ello himself had a g&n (&t it as in its holster t&c)ed on his aist. 53 7t as "&ena'or ho too) (oth the long 4rearm and the g&n in "elloHs holster.5$0hen !rancisco Andes ent &p the ho&se# he told 7nocencia that *osalio as dead. 55 7nocencia ent near the pili tree here *osalioHs (ody as# )nelt don and as)ed the man ith a long 4rearm hy he )illed *osalio. +he man ansered that *osalio fo&ght (ac). 1oever# 7nocencia did not notice any eapon near *osalioHs (ody. 5%"elloHs hands and feet ere tied together and a (am(oo pole as inserted (eteen them so that to men# one of them (eing !rancisco Andes# co&ld carry the cadaver. 5& "ello died (eca&se of Gshoc) secondary to massive hemorrhage d&e to m&ltiple g&nshot o&ndsG. 5' A former pilot and ect the arrest of "ello even if no complaint had (een lodged against him. &% According to Pinto# of the 4fteen (&llets in the magazine of his car(ine# only to remained. 1e 4red GmostG of the thirteen shots d&ring the G"ello incidentG. &&Pinto shot the man later identi4ed as *osalio Andes hen he as at a distance of aro&nd three meters. *osalio as Gface to faceG ith him hen Pinto shot him. As *osalio did not fall from the 4rst shot# Pinto contin&ed shooting him. &' 0hen he ent &p the porch he sa the garand Glying on the 'oorG (&t the g&n t&c)ed on "elloHs aist as still in its holster. &93n the +iongson incident# Pinto asserted that he did not 4re his car(ine. '( 0hen he sa the headlight of the +iongsonsH Aeep# he also sa a 'ashlight (eing aved. A little later# he heard a sho&t ordering the Aeep to stop. +hen he heard one shot and immediately after# the volley of 4re as the Aeep as going toards his direction. As it passed (y him# he heard the AeepHs passengers shrie). '1!or his part# "&ena'or declared that d&ring the mission to serve the search arrant on "ello# he carried the G.-= cali(er revolver +el.G 9sic: hich had (een iss&ed to him (y the Legazpi City Police Department. 1e did not 4re his g&n at the +iongsons and# Gas a matter of fact#G he s&rrendered his 4rearm for (allisticeCamination. '2 7n the afternoon of Decem(er ort to '&sh o&t "ello ho# &n)non to the police# had earlier left the vicinity. 7t as hen the police 4red at the said (odega that "otin m&st have (een accidentally shot. 1(5 +his story as &ncorro(orated (&t if tr&e# o&ld sho the policeHs dangero&s propensity for &sing otherise oFcial operations in an &nlaf&l manner.A propensity for rash A&dgment as li)eise amply shon at the incident involving the +iongson children. Bince the Aeep coming toards them as oned (y the And&izas# the appellants acted o(vio&sly in the (elief that "ello as its passenger and posthaste they 4red &pon it even itho&t any inE&iry as to the identity of its passengers.1(% 5ranting that the police indeed 4red a arning shot# so&nd discretion and restraint dictated that# there (eing no responding shots from its passengers after the alleged arning shot and considering the condition of the road hich as not only m&ddy (&t &phill# instead of directing aimless g&n(&rst at the Aeep# the most that they co&ld have done as to render the Aeep immo(ile (y shooting its tires. +hat ay# they co&ld have veri4ed the identity of the passengers. As it ere# they riddled the Aeep ith (&llets inA&ring in the process innocent passengers ho ere completely &naare of hat they ere &p against.AppellantsH star) denial of 4ring their g&ns &pon the +iongson family falls 'at in the face of vario&s circ&mstantial evidence hich point to their c&lpa(ility. +here is the &n'inching testimony of Bgt. *omero that he sa G'ashes of 4reG from the direction of "&ena'or as the Aeep (earing the +iongsons passed (y. Baid testimony as corro(orated (y that of *afael $aco(# the PC mem(er of team