SECOND DIVISION
[G.R. No. 132351. January 10, 2002]
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEXANDER
SALVA Y PATEA, FERDINAND SALVA Y PATEA and ROLITO
SALVA Y PATEA, accused,
ALEXANDER SALVA Y PATEA and FERDINAND SALVA Y
PATEA, accused-appellants.
DECISION
QUISUMBING, J.:
On appeal is the joint decision dated February 24, 1997, of the Regional
[1]
Trial Court of Tanay, Rizal, Branch 80, in Criminal Cases No. 1476-T and No.
1486-T against the brothers Alexander, Ferdinand, and Rolito Salva for murder
and for frustrated homicide, respectively. In the first case, the court convicted
appellant Alexander Salva of murder and appellant Ferdinand Salva of
homicide, and ordered both appellants to pay jointly and severally the heirs of
the victim, Palmero Milanes, P12,000 as actual damages, P100,000 as moral
damages, and the costs of the suit. In the second case, it convicted only
appellant Alexander Salva of frustrated homicide and ordered him to pay the
victim, SPO1 Mariano Cura, P36,000 as actual damages, P50,000 as moral
damages, and P10,000 as attorneys fees. Accused Rolito Salva was acquitted
in both cases. Appellant Ferdinand Salva was acquitted in the second case.
The indictments against Ferdinand, Alexander and Rolito Salva in Criminal
Cases No. 1476-T and No. 1486-T, respectively, read:
In Criminal Case No. 1476-T:
That on or about the 10th day of January 1995 in the Municipality of Tanay, Province
of Rizal, Philippines and within the jurisdiction of this Honorable Court, the above-
named accused, conspiring and confederating together and mutually helping and
aiding with one another, armed with a fan knife and .38 caliber revolver (Squires
Bingham) with serial number 179533, with intent to kill, evident premeditation and by
means of treachery, did then and there willfully, unlawfully and feloniously attack,
assault and stab and shot one Palmero L. Milanes, thereby inflicting upon the latter
multiple stab and shot wounds which directly cause[d] his death.
CONTRARY TO LAW.[2]
In Criminal Case No. 1486-T:
That on or about the 10th day of January 1995 in the Municipality of Tanay, Province
of Rizal, Philippines, and within the jurisdiction of this Honorable Court, the above-
named accused, armed with a bladed weapon, conspiring and confederating together
and mutually helping and aiding one another, with intent to kill, did then and there
willfully, unlawfully and feloniously attack, assault and with the said bladed weapon
one SPO1 Mariano Tejada Y Cura on his body, thereby inflicting upon the latter
wounds which would ordinarily cause his death, thus performing all the acts of
execution which should have produced the crime of murder, as a consequence but
nevertheless did not produce it by reason of cause or causes independent of his will,
that is, due to the timely and able medical attendance rendered to said SPO1 Mariano
Tejada Y. Cura.[3]
During arraignment Ferdinand, Alexander and Rolito Salva pleaded not
guilty. Thereafter, the cases were jointly tried.
The prosecution presented the following witnesses: Pablito Tibay, the
jeepney conductor; SPO1 Mariano Cura, assisting policeman and private
complainant for the charge of frustrated murder; Rodney Tan, one of the
jeepney passengers; Elmer Figueroa, tricycle driver; Sgt. Pablo Villegas,
responding policeman; Dr. Bayani Viado, attending physician of SPO1 Cura;
Jesusa Vergara, medico-legal officer of the PNP Crime Laboratory who
autopsied the deceased; SPO1 Joseph Pueblo, investigating policeman; SPO1
Renato Ragadi, patrol mate of SPO1 Cura; and Wilma Milanes, wife of the
deceased. [4]
The prosecutions version of the incident, as summed up by the Solicitor
General, is as follows:
On January 10, 1995, around 10:00 a.m., Palmero Milanes was driving a passenger
jeepney with Pablito Tibay as conductor going to Tanay, Rizal when Ferdinand Salva
waved at them and tried to stop the jeep and then uttered putang ina mo (p. 5-7, TSN,
August 8, 1995). Failing to stop the jeep, Ferdinand took a tricycle and followed the
jeep but Milanes maneuvered the jeep and went to the police outpost in Pililla, Rizal
where he sought police assistance (p. 8, id.). SPO1 Mariano Cura, clad in half-uniform
(wearing khaki pants with civilian short) boarded the jeep with its driver and
conductor (pp. 16, 21, 29-30, TSN, September 1, 1995). The three, all seated in the
front seat, with Milanes driving, proceeded to Tanay to find Ferdinand to settle a
small damage caused by Milanes jeep to Ferdinands tricycle (p. 23, id.).
When they reached Barangay Aldea, Tanay, the three got stuck in a traffic jam. While
waiting for the traffic jam to ease up, Tibay sighted Ferdinand inside a tricycle (pp. 9-
10, TSN, August 18, 1995).Ferdinand who also saw the jeep and its occupants,
alighted from the tricycle, approached the jeep, grabbed Milanes out of the jeep and
they grappled with each other (p. 11, id.).
While Milanes head was under Ferdinands armpit, appellant stabbed Milanes back
twice with a fan knife (pp. 11-12, TSN, September 1, 1995).
While the fight was going on, SPO1 Cura alighted from the jeep, took his gun and
while he was about to make a warning shot, appellant stabbed him (p. 13, TSN,
September 1, 1995). Thereafter, Ferdinand freed Milanes and helped Alexander in
grappling for the possession of SPO1 Curas gun. At this point, the gun suddenly fired
hitting Rolito Salvas foot. Thereupon, Milanes went back to his jeep.
Later, Ferdinand got hold of SPO1 Curas gun and shot Milanes who slumped behind
the steering wheel of the jeep (pp. 15-16, id.). SPO1 Cura also went inside the jeep
holding his wounded stomach (p. 18, id.).
Milanes and SPO1 Cura were brought to the Tanay Community Hospital by Rodney
Tan. Milanes died while SPO1 Cura survived after receiving treatment at the Morong
General Hospital (pp. 19-20, TSN, September 1, 1995).[5]
The version of the defense is slightly different, as revealed by the
testimonies of appellant and his co-accused herein summarized as follows:
According to co-accused FERDINAND SALVA, on January 10, 1995, at
about 7:00 A.M., he was driving his own tricycle with his brothers Rolito and
Alexander on board. Upon reaching the San Ildefonso Lines terminal, they were
caught in a traffic jam when Palmero Milanes alighted from a jeep and boxed
Rolito. Ferdinand halted the tricycle and tried to stop Milanes from further
boxing Rolito. Later, when he saw SPO1 Mariano Cura point a gun at Rolito, he
parried the gun causing it to fire, and a bullet hit Rolito. Then, SPO1 Cura
pointed the gun at him but he was able to hold Curas wrist and the two of them
grappled for the gun until both of them reached the drivers seat of the jeep. It
was then that the gun fired, hitting somebody. The gun fell on the pavement. He
picked up the gun and ran towards Pililla where he was met by a soldier who
fired warning shots. He voluntarily surrendered to the police. [6]
