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SPO1 Ulep fired a warning shot and told Wapili to put down his
weapons or they would shoot him, but Wapili retorted “pusila”
(fire!) and continued advancing towards the police officers. When
Wapili was only about 2-3 meters away, Ulep shot Wapili with his
M-16 rifle, hitting him in various parts of his body. When the
victim slumped to the ground, Uep came closer and pumped
anjother bullet into his head.
Held: The SC disagrees with the lower court and finds in favor of the
accused-appelant the incomplete justifying circumstance of
fulfillment of a duty or lawful exercise of a right. Under Art. 69 of
RPC, penalty shall be lowered by one or two degrees than that
prescribed by law if deed is not wholly excusable by reason of lack
of some of conditions required to justify the same or exempt
criminal liabilty. In addition, voluntary surrender is taken as
mitigating circumstnce in favor of Ulep.
Held: Appellant invoked his minority on the day of the commission of the
crime as a privileged mitigating circumstance. He was exactly 16
years, three months, and 20 days old. Under Art. 68, par. 2 of
RPC, the imposable penalty for the crime of rape shall be that
penalty next lower than that prescribed by law.
Issue: WON the appellant’s Certificate of Live Birth sufficiently prove his
minority when he committed the crime.
Held: The National Statistics Office (NSO) confirmed that the Certificate
of Live Birth presented as Annex A, is a true copy, further
confirming the existence in its archives of his record of birth.
A few days before February 21, 1985 (the date of the incident), the
CPP had a pulong-pulong for the purpose of identifying suspected
informers of the military, who turned out to be Quirino and Joel
Lagason; thus they were targeted for liquidation. On the date of the
incident, 4PM, the six accused gathered in front of RCPI Bldg at
Lacag, Daraga. Wilson Lita alias Ka Cris informed the group that
they are going on a mission to talk to military informers, Quirino
and Joel Lagason, but on that instance the group succeeded in
killing the Lagasons.