People v.

Capalac (1982)
Jimmy Magaso stabbed Moises Capalac in a cockpit. The aggressor,
attempting to escape, was confronted by two brothers of Moises, Jesus
Capalac, deceased, and appellant Mario Capalac. The attempt of Magaso to
board a jeep was unsuccessful, he having alighted after two shots were fred
in succession. nowing that he was completely at the mercy of the two
brothers, he raised his hands as a sign of surrender, but they were not to be
appeased. !e was pistol"whipped by appellant Mario Capalac, being dealt
several blows on the head and the face. #fter he had fallen to the ground,
Jesus Capalac stabbed the deceased on the chest three or tour times. !e was
brought to the hospital where he died, the cause, according to the coroner$s
report, being %hemorrhagic shock due to a wound of the heart.The lower court
also held that appellant took advantage of his position as a police o&cer and
employed means or brought about circumstances which added ignominy to
the natural e'ects of his act.
Decision:
The mere fact that appellant Mario Capalac is a member of the police force
certainly did not of itself justify that the aggravating circumstance of
advantage being taken by the o'ender of his public position be considered as
present. !e acted like a brother, instinctively reacting to what was
undoubtedly a vicious assault on his kin that could cause the death of a loved
one. (t would be an a'ront to reason to state that at a time like that and
reacting as he did, he purposely relied on his being a policeman to commit
the act. !e pistol"whipped the deceased because he had his pistol with him. (t
came in handy and he acted accordingly.
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That he was a policeman is of no
relevance in assessing his criminal responsibility.