CRIMINAL LAW 1| DIGESTS| 1D

Case No. _People v. Mandolado

G.R. No. L-51304-05, June 28,1983

TOPIC: <Aggravating Circumstances: Abuse of confidence or obvious ungratefulness>

<IMPERIAL>

FACTS​: Julian Ortillano, Martin Mandolado, Conrado Erinada and Anacleto Simon,
trainees/draftees of the Armed Forces of the Philippines and assigned to the 3rd Infantry
Battalion of the Philippine Army, were passengers of a bus bound for Midsayap, North
Cotabato. After they alighted at the bus terminal, they got acquainted and decided to drink
ESQ rum at the terminal wearing their uniform, armed and have the same military outfit.
Mandolado got drunk and went inside the public market and returned to get his .30 caliber
machine gun and started firing. Sensing danger, Simon and Erinada hailed and boarded a
passing Ford Fierra and were followed by the others. Mandolado tried to attack the driver with
knife and fired his gun at a passing vehicle hitting the right side of the back of the driver’s
sister. A jeepney owned by Herminigildo with passenger Nolasco Mendoza was then hailed
by them and boarded it. Mandolado and Ortillano continued firing but was threatened by
Herminilgildo that if they don’t stop then he will ram the jeep into something. When Mandolado
learned that the jeep was not bound to Pikit, North Cotabato, he got mad and pointed his gun
at Herminigildo and alighted the jeep but fired his gun at Nolasco and Herminigildo.
Mandolado and Ortillano was able to escape and even watched a movie. Upon notice from a
certain Sgt. Rodolfo Villanueva thay they killed Herminigildo and Nolasco, the two planned to
escape to Manila but was apprehended.

RTC RULING​: Court of First Instance (now RTC) of Cotabato found Mandolado and Ortillano
guilty of the crime of murder with aggravating circumstances of treachery, evident
premeditation and abuse of superior strength. Furthermore, the CFI rendered its decision
sentencing the accused Martin Mandolado to the supreme penalty of death in each case and
the accused Julian Ortillano to imprisonment of six (6) years of prision correccional as
minimum to seventeen (17) years of prision mayor as maximum, being merely an accessory,
is before Us for mandatory review.

CA RULING​:....

ISSUE​: WON abuse of confidence and obvious ungratefulness can be inferred from that an
army draftee who was allowed on board a vehicle later on fired his gun at its occupants.

Petitioner​:​ People of the Philippines

Respondent​: Martin Mandolado and Julian Ortillano

SC RULING​:The Court cannot agree with the finding of the trial court that the aggravating
circumstances of (1) advantage was taken of his being a Draftee in the Philippine Army, and
(2) abuse of confidence or obvious ungratefulness were present in the commission of the
crime.While it may be true that a soldier in the Armed Forces of the Philippines is deemed as
one who holds public position (U.S. vs. Gimenea, 24 Phil. 464, where a constabulary soldier
was held to be a public officer), there is no persuasive showing that herein appellants being
draftees of the Army, in full military uniform and carrying their high-powered firearms,
facilitated the commission of the crimes they were charged. As held in People v. Pantoja, the
Court reiterate that "There is nothing to show that the appellant took advantage of his being a
sergeant in the Philippine Army in order to commit the crimes. The mere fact that he was in
fatigue uniform and had an army rifle at the time is not sufficient to establish that he misused
his public position in the commission of the crimes ... "
In the instant case, there is absolutely no showing of any personal or immediate relationship
upon which confidence might rest between the victims and the assailants who had just met
each other then. Consequently, no confidence and abuse thereof could have facilitated the
crimes.Similarly, there could have been no obvious ungratefulness in the commission of the
crime for the simple reason that the requisite trust of the victims upon the accused prior to the
criminal act and the breach thereof as contemplated under Article 14, par. 4 of the Revised
Penal Code are manifestly lacking or non-existent. In all likelihood, the accused Army men in
their uniforms and holding their high-powered firearms cowed the victims into boarding their
jeep for a ride at machine gun point which certainly is no source of gratefulness or
appreciation.

ADDITIONAL NOTES: (Dispositive)

In Criminal Case No. 561 for the killing of Nolasco Mendoza, We sentence both accused to
pay the heirs of the victim P12,000.00 as compensatory damages and P20,000.00 as moral
damages. The liability of the accused shall be in solidum.

In Criminal Case No. 562 for the killing of Herminigildo Tenorio, We sentence both accused to
pay the heirs of the victim P12,000.00 as compensatory damages and P20,000.00 for moral
damages. The liability of the accused shall also be in solidum.

Costs against the appellants. Judgment modified.

SO ORDERED.