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399 Phil. 768
SECOND DIVISION
[ G.R. No. 132330, November 28, 2000 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS.SPO1
JOSE BANGCADO[1] AND PO3 CESAR BANISA, ACCUSEDAPPELLANTS.
DECISION
BELLOSILLO, J.:
SPO1 JOSE BANGCADO and PO3 CESAR BANISA appeal from the decision of the
Regional Trial Court of Baguio City convicting them of two (2) counts of murder and
two (2) counts of frustrated murder, imposing upon them the corresponding prison
terms, and to pay damages plus costs.[2]
The facts: On 27 June 1993, at around 8:30 in the evening, Pacson Cogasi, Julio
Clemente, Leandro Adawan and Richard Lino were at the Skyview Restaurant,
Magsaysay Avenue, Baguio City, drinking and listening to folksongs. Moments later,
a group of five (5) arrived and sat one table away from Pacson Cogasi and his
friends. Among the newcomers was a thin person wearing a blue long-sleeved
jacket, later identified as SPO1 Jose Bangcado, and a heavier one wearing a t-shirt
and maong pants, later identified as PO3 Cesar Banisa. The rest of their group were
not identified.
At that time, members of the police force of Baguio City were conducting Operation
Kapkap at the Skyview Restaurant. They however exempted the table of PO3 Cesar
Banisa as they knew him to be a fellow policeman.
At around 9:00 o'clock that evening, Cogasi and his friends left the restaurant to go
home. They were residents of La Trinidad, Benguet. As they went behind the
restaurant where their Ford Fierra was parked, they noticed SPO1 Jose Bangcado
and PO3 Cesar Banisa following them. Cogasi and his group recognized Bangcado
and Banisa to be customers at Skyview Restaurant.
Bangcado and Banisa
approached them. First, Banisa asked Richard Lino for a light. Then Bangcado and
Banisa asked the group if they were willing to be frisked. Since the two (2) police
officers were armed with handguns and smelled of liquor, the group agreed to be
frisked. As Leandro Adawan stepped aside to urinate, Bangcado slapped him and
then asked the group where they came from. Their answer was, from Besao, Mt.
Province, except Clemente who said that he came from Balili, La Trinidad.
Bangcado, with Banisa standing guard behind him with a drawn gun, ordered Cogasi,
Clemente, Adawan and Lino to form a line against the Ford Fierra facing him in that
order. Adawan was only one meter away from Bangcado. Lino and Cogasi were
about 1-1/2 meters away, while Clemente, four (4) meters away. Without any
warning, Bangcado suddenly fired his gun in quick succession at the four (4) persons
lined up against the Ford Fierra. Cogasi saw Adawan and Lino fall down. Cogasi
then felt he was hit on the left side of his neck and he also fell down. He managed
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