PEOPLE vs. BELTRAN- Marianne S.

Aquino
Nos. L- 37168-69
September 13, 1985

Relova:

Doctrine: Direct Assault- Shooting at the mayor and a policeman in considered as direct assault.

Facts: Accused appellants in this case were Delfino Beltran (Minong), Rogelio Bugarin (Boy),
Cresencio Siazon (Ising), Manuel Puzon (Noling), Domingo Hernandez (Doming), and Ceferino
Beltran (Ebing). They convicted by the trial court of murder for the death of Vicente Quirolgico, the
mayors son and double attempted murder with direct assault for injuries sustained by Mayor
Bienvenido Quirolgico and Patrolman Rolando Tolentino. The trial court based its conclusion on the
following facts:

Based on a report by Ernesto Alvarado that when he passed by the Puzon Compound on January 11,
1972 between 9pm-10pm he was verbally assaulted by Delfino Beltran, Mayor Quirolgico went to the
Puzon compound on that same night to talk to Beltran and his companions and to ask them to
surrender. When the Mayors party approached the compound, they saw appellants Delfino Beltran,
Bugarin, and Hernandez followed by a simultaneous discharge of firearm. Vicente was hit. Mayor
Quirolgico and Patrolman Tolentino also suffered injuries. When the firing had stopped, they decided to
bring Vicente to the hospital but as the jeep left the compound, three other men in the persons of
Siazon, Ceferino Beltran, and Puzon fired at the fleeing vehicle. Likewise, Hernandez, Delfino, and
Bugarin tried to give chase. An hour after admission, Vicente died.

Defense: Delfino Beltran claimed self-defense, explaining that he was assaulted by Mayors group while
he was patrolling the Rural Bank whereas the rest of the accused claim that they do not have anything
to do with the incident.

Accused-appellant Siazon died during the course of the case thereby dismissing his criminal liability.

In this appeal, one of the assigned errors of the accused-appellants to the trial court was that it erred in
finding them guilty of attempted murder with direct assault.

Issue: Whether or not the Mayor and Pat. Tolentino are persons in authority and were both performing
the official duties in the course of the incident.

Held: Yes. The Court ruled that the decision of the trial court to convict them of the crime of attempted
murder with direct assault is correct because the Mayor and Pat. Tolentino are persons in authority and
both were performing their official duties to maintain peace and order in the community.

Dispositive: The Court affirmed the decision of the trial court with modification. Of significance is the
modification that for the lack of necessary votes, the penalty of death imposed upon the accused by the
trial court for the death of Vicente, was reduced to Reclusion perpetua.