People v.

Villamor
At around dusk of November 24, 1995, brothers Jerry Velez and Jelord Velez
were on their way home to aran!ay "itakas, alian!ao, "isamis #$$idental,
on board a motor$y$le after havin! dinner at a friend%s house at aran!ay
&andin!, alian!ao, "isamis #$$idental' Jerry was drivin!' As they neared
the (un$tion of aran!ays &usot and "itakas, they heard a s)eedin!
motor$y$le fast a))roa$hin! from behind' *he brothers i!nored the other
motor$y$le, whi$h $au!ht u) with them' As they were about to $ross the
brid!e leadin! to their home, !unshots ran! out from behind them' *hey
abru)tly turned the motor$y$le around towards the dire$tion of the !un+re'
*he li!ht of their motor$y$le%s headlam) fell on their atta$kers aboard the
se$ond motor$y$le' *he assailants +red at them a se$ond time and ,ed
towards the dire$tion of -alamba, "isamis #$$idental' Jerry sustained
!unshot wounds on the abdomen and left elbow, but survived' .e !ot a
!ood look at their assailants' Jelord, however, was not as fortunate, as he
died on the s)ot durin! the +rst !unburst' /or the deadly assault on the Velez
brothers, 0#1 2enato /' Villamor, )ubli$ o3$er, bein! a member of the
0hili))ine National 0oli$e, $ons)irin! and $onfederatin! with a$$used Jessie
4Joy5 "a!hilom, likewise a )ubli$ o3$er, bein! a aran!ay -oun$ilman were
indi$ted for "urder' 6urin! trial, the *rial -ourt found the 0#1 2enato
Villamor !uilty of havin! $ommitted "urder a!!ravated by the $ir$umstan$e
of takin! advanta!e of his )ubli$ )osition'
Decision:
*he 7u)reme -ourt ruled that the a!!ravatin! $ir$umstan$e of 4takin!
advanta!e of )ubli$ )osition5 under )ara!ra)h 1 of Arti$le 14 of the 2evised
0enal -ode was im)ro)erly a))lied' A )ubli$ o3$er must use the in,uen$e
that is vested in his o3$e as a means to realize the )ur)ose of the $rime to
be a))re$iated as an a!!ravatin! $ir$umstan$e' *he 8uestion 46id the
a$$used abuse his o3$e to $ommit the $rime5 must be asked in order to
a))re$iate this $ir$umstan$e as an a!!ravatin! $ir$umstan$e' 9n this $ase,
there was no showin! that a$$used:a))ellant took advanta!e of his bein! a
)oli$eman to shoot Jelord Velez or that he used his 4in,uen$e, )resti!e or
as$endan$y5 in killin! the vi$tim' A$$used:a))ellant $ould have shot Velez
even without bein! a )oli$eman' 9n other words, if the a$$used $ould have
)er)etrated the $rime even without o$$u)yin! his )osition, there is no abuse
of )ubli$ )osition'