People v Beltran (1985) case digest

G.R. Nos. L-37168-69      September 13, 1985

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.

DELFINO BELTRAN, alias Minong, DOMINGO HERNANDEZ, alias Doming; CEFERINO BELTRAN, alias Ebing; MANUEL PUZON alias Noling; CRESENCIO SIAZON, alias Ising; and ROGELIO BUGARIN, alias Boy, accused-appellants.

RELOVA, J.:

FACTS:

Accused-appellants Delfino Beltran and others were indicted for murder and double attempted murder with direct assault evidence shows that in Ballesteros, Cagayan, Ernesto Alvarado was bringing Calixto Urbi home in a jeep. Passing by the Puzon Compound, Delfino Beltran shouted at them, "Oki ni inayo" (Vulva of your mother). 

They proceeded on their way and ignored Delfino. After Alvarado had brought Urbi to his house he went to the house of Mayor. The newly elected Mayor told the Chief of Police that something should be done about it.

When they came near the compound, they saw appellants and suddenly there was a simultaneous discharge of gunfire, The mayor's son, Vicente,  and Mayor also suffered injuries.

I: W/N appellants guilty of attempted murder with direct assault.

H: Yes. considering that Mayor Quirolgico is a person in authority and Pat. Rolando Tolentino is a policeman who at the time was in his uniform, and both were performing their official duties to maintain peace and order in the community, the finding of the trial court that appellants are guilty. For the double attempted murder with direct assault, applying the Indeterminate Sentence Law, the penalty imposed on the aforesaid appellants is reduced to four (4) years and two (2) months of prision correccional, as minimum, to ten (10) years of prision mayor, as maximum.