FACTS: He stopped and saw 4 persons holding short firearms:
Nonoy and Negro are the two who fired at Floro about - The prosecution presented 9 witnesses. The following seven times, while Edel and Nonong are the other two are their testimonies: gun holders. (1) FELIX - son of Floro. on April 4, 2005, day before Gali, another member of the group, shouted "enough," Floro (his father) was gunned down, Felix and Floro and he was with Ace, Titing and Bulldog. After shouting, went to Ranio's house to see Mayor Carlos Sr. they hurriedly left. He was summoned by Mayor Carlos because in a Mayor Carlos' vehicle arrived where Rey alighted from program of a celebration the Federation of 7th Day and, with Negro, they watched the proceedings. Mayor Adventist, the names of the governor, congressman, and Carlos asked them to leave and they all left. Placer Mayoralty Candidate Vicente Cotero were there. Mayor Carlos' name was not mentioned. Floro (6) ELSA - wife of Floro.let it go let it go cant hold it contended that Cotero paid for the program and this back anymore charot hahahaha. She testified on the angered Mayor Carlos. probable motive of the killing of Floro. She said that there were people who were jealous of Floro's position Prior to April 4, 2005, Felix recounted that on he had a because he could bring voters to his side during election drinking spree with Nonoy's group in a videoke bar. time. Afterwards, Edel brought them to the house of Bobong. Thereat, Rey uttered that Felix's father, a District Placer mayoralty candidate Cotero donated medals in the Supervisor, has a big role in COMELEC's choice for the school. Donor's name was announced in the closing members of the Board of Election Inspectors. ceremony and this angered Mayor Carlos. (2) DR. FRANCISCO - he conducted the Post Mortem When Floro was processig a voucher to be signed by Examination on the dead body of Floro. He was also the Mayor Carlos, Mayor Carlos did not sign it and even one who prepared the Certificate of Death. He also threw the vouched on the floor. Diego Cases only helped recovered three slugs. Floro secure Mayor's signature. He added that Floro sustained gunshot wounds caused (7) DIEGO - he corroborated Elsa's testimony about the by more than 1 firearm based on the sizes of the slugs signature of the voucher. recovered and that some of them were fired at close (8) ROSALINDA - Mayor Carlos went to her house and range. told her that he would kill her husband (Cotero) (3) SPO4 LEPATAN - he prepared the Police Report following Floro. She reported the incident to Cotero and relative to the police blotter for the shooting incident that to the Placer Police Station. happened at Celera Elementary School. (9) SERVANDO - he testified that when he was in the (4) SERAPION - he testified that while he was printing house of Mayor Carlos, he heard Mayor's group planned the name of Municipal Mayor Candidate Boy Dela Pisa to kill Floro at Celera Elementary School. on the street facing the Celera Elementary School, he However, Servando filed an Affidavit of Retraction heard gunshot wounds coming from the compound of withdrawing his Sinumpaang Salaysay relative to the the school. incident involving the death of Floro. But after redirect After 2-3 minutes, he saw more or less six persons examination, he testified that he was brought to Atty. coming out of the school. He was able to identify three Besario who asked him to signed the Affidavit of of them as Edel, Nonoy, and Nonong. Retraction, which he did not understand as it was written in English. The 6 men approached Mayor Carlos, Sr's vehicle and he heard Nonoy said "mission accomplished sir" to Mayor - DEFENSE: the posited alibi and denial. Carlos. They all left the area. - SUM OF PROSECUTION'S TESTIMONY: There (5) ANTIPOLO - he heard gunshot wounds while riding were 9 witnesses presented. The testimonies of Serapion his motorcycle and passing the gate of the school and and Antipolo were given credence by the court since it someone shouted that Floro was shot. corroborated each other. They were able to identify the accused especially those who gunned down Floro. The 1. The offender makes an attack, employs force, makes accused's defense of alibi and denial did not withstand serious intimidation or serious resistance the positive identification of the prosecution witnesses. 2. Assault is against a person in authority or an agent of - CRIME CHARGED: Murder with Direct Assault a person in authority against: 3. At the time of the assault, the person in authority was 1. Nonoy -at large performing his duties or on the occasion of such performance 2. Titing -at large 4. The accused knew that the victim is a person in 3. Gali -at large authority or his agent, that is, that the accused must have 4. Negro -separate trial is necessary the intention to offend, injure, or assault the offended party as a person in authority or an agent of a person in 5. Ex Mayor Carlos Sr authority. 6. Mayor Rey - In the case at bar, Floro was the duly appointed District 7. Edel Supervisor of Public Schools in Placer, Masbate, thus was a person in authority. But contrary to the statement 8. Nonong of the RTC that there was a direct assault just because Floro was a person in authority, this Court clarifies that 9. Bulldog the finding of direct assault is based on the fact that the - RTC RULING: guilty as charged. Convicted attack or assault on Floro was, in reality, made by reason of the performance of his duty as the District Supervisor. - CA RULING: guilty. Affirmed RTC's ruling SC RULING: - Moreover, when the assault results in the killing of that - Affirmed the lower court's decision. Convicted of agent or of a person in authority for that matter, there Murder with Direct Assault. arises the complex crime of direct assault with murder or - There are two modes of committing direct assault homicide. under Art.148. Accused-appellants committed the second - (1) Rey, (2) Edel, (3) Nonong, and (4) Bulldog are form of assault. The elements are: convicted of the crime of murder with direct assault; while Ex Mayor Carlos Sr died in the New Bilibid Prison