People v Capalac

Facts:
 Moises Capalac, the brother of accused Mario Capala
(a police officer), was stabbed by when he was
confronted by the Moises’ brothers (Mario and
Jesus’), and 2 other companions
 The attempt of Jimmy to board a jeep was
unsuccessful; he having alighted after 2 shots were
fired in succession
 Knowing that he was completely at the mercy of the 2
brothers, he raised his hands as a sign of surrender,
but they were not appeased
 The victim was pistol-whipped by Mario and after
falling on the ground, was stabbed on the chest 3-4
times by Jesus
 The victim died on the way to hospital
 Mario was convicted of murder as qualified by
evident premeditation and treachery. The lower court
also doun that he took advantage of his position as a
police officer.
Hence, the death sentence
Issue:
1. WON there is an aggravating circumstance of taking
advantage of public office/position.
2. WON there was:
a. conspiracy
b. treachery
c. Evident premeditation
d. mitigating circumstance of immediate
vindication
Held:
1. No. The mere fact that appellant Mario is a member of the
police force did not by itself justify the aggravating
circumstance of taking advantage of public office/position. He
acted like a brother (of Moises), instinctively reacting to what
was undoubtedly a vicious assault on his kin. He pistol-
whipped the deceased because he had a pistol with him. It cam
in handy and he acted accordingly. That he was a policeman is
of no relevance in assessing his criminal responsibility.
2. a. there was conspiracy since the 2 brothers as well as their 2
companions, apparently had one purpose in mind, to avenge
the stabbing of Moises. They all acted in concert.

b. there was treachery since the crime was committed to insure

that Jimmy would die. His situation was hopelwss. Any defense
he could have put up would be futile and unavailing. There was
also no risk to the aggressors since 2 othere companions
assisted them.

c. there is no evident premeditation. The brothers were

prompted by their desire to avenge Moises. They went after
Jimmy, assaulted him, and relied on the weapons that they
carried. There was no evidence that theu deliberately
employed means to add ignominy to the natural effects of the
act.

d. there is mitigating circ. Of immediate vindication since the

purpose of the crime was to vindicate the stabbing f Moises by
Jimmy

Decision:
Decision is modified. In lieu of mit. Circ. Of immediate
vindication, penalty of death is lowered to 10 yrs. And 1 day of
prision mayor min. to 17 years, 4 mos. And 1 day of reclusion
temporal max. Decision affirmed in all other aspects.