#7 People of the Philippines vs.

Renato Tac-an Y Hipos

G.R. Nos. 76338-39
February 26, 1990
Ponente: Feliciano, J.
Topic: Direct Assault
Facts:
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Respondent Renato Tac-an (18) and deceased victim Francis Ernest Escano III
(15) were classmates in the third year of high school of Divine Word College in
Tagbilaran City. They used to be close friends, being members of the same Bronx
gang, until Francis withdrew from the gang and their friendship turned sour
thereafter.

At 2pm of 14 December 1984, Renato entered Room 15 of their high school

building to attend English III class, where Francis is also a classmate. Renato
had placed a scrapbook he prepared for their next Mathematics class on his
chair while he approached their English III teacher (Mrs. Liliosa Baluma) to raise
a question. Upon returning to his chair, Renato then saw Francis sitting on the
said scrapbook which angered him that he promptly kicked the chair where the
latter was seated. Francis explained that he had not intentionally sat down on
Renatos scrapbook. A fistfight would have ensued if not for the intervention of
their classmates and two teachers (Mrs. Baluma and Mr. Pasilbas). When the teo
had calmed down and had shaked hands, Mrs. Baluma resumed her class.

Subsequently, Renato slipped out of the classroom in the middle of their English
III class to go home and get a gun. The next Math class under Mr. Pasilbas
started when Renato suddenly burst into the room, shut the door and shouted
Where is Francis?. Upon seeing Francis, Renato fired four times before it hit
the victim on the head and fell to the floor.

After having shot Francis, Renato was found alone outside Room 15 when a
teacher (Mr. Pablo Baluma), unaware that the latter was the killer, asked if he
could help Francis who was still alive inside the room. Renato thereupon reentered Room 15, aimed at the chest of Francis and fired once more.

Thereafter, Renato proceeded to the faculty room where he held hostages some
teachers and students, and reloaded his gun. Philippine Constabulary troopers
led by Capt. Lazo arrived and surrounded the faculty room.

After some time, Renatos father and brother pleaded for his surrender. Renato
then turned over his gun to his brother while Capt. Lazo placed Renato under
arrest.

The teachers and students afterwards rushed Frances to Celestino Gallares

Memorial Hospital where the he was pronounced dead on arrival.

On 14 December 1984, RTC of Tagbilaran City held respondent Renato Tac-an

guilty beyond reasonable doubt to the crime of Illegal Possession of Firearms
and Ammunitions qualified with Murder to suffer a penalty of death. Respondent
was also held guilty beyond reasonable doubt to the crime of Murder,
appreciating aggravating circumstances of acting: 1) while under the influence of
drugs, 2) with the use of an unlicensed firearm, and 3) with insult to a person in
authority, to also suffer a penalty of death.

Issue:
WON the crime was committed in contempt of or with insult to the public authorities?
Held/Ruling:
No. Court held its disagreement that a teacher or professor of a public or recognized
private school may be regarded as a public authority within the meaning of paragraph
2 of Article 14 (Aggravating Circumstances) if the RPC.
Careful reading of the last paragraph of Article 152 of the RPC (Persons in authority abd
agents of persons in authority) will show that while a teacher or professor of a public or
recognized private school is deemed to be a person in authority, such teacher or
professor is so deemed only for purposes of application of Articles: 148 (Direct
Assault upon a person in authority), and 151 (Resistance and Disobedience to a
person in authority of the agents of such person) of the RPC.