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PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLEE, VS.

ROLLY ADRIANO Y SAMSON, LEAN ADRIANO @


DENDEN, ABBA SANTIAGO Y ADRIANO, JOHN DOE AND PETER DOE, ACCUSED, ROLLY ADRIANO Y SAMSON,
ACCUSED-APPELLANT.
G.R. No. 205228, July 15, 2015
FACTS:

On 13 March 2007, at around 8:00 a.m., Police Officer 1 Matthew Garabiles (PO1 Garabiles) and PO2 Alejandro
Santos (PO2 Santos), in civilian clothes, were on their way to Camp Olivas, Pampanga, riding a motorcycle along
Olongapo-Gapan National Road. While they were at Barangay Malapit San Isidro, Nueva Ecija, a speeding blue
Toyota Corollo (Corollo) heading towards the same direction, overtook them and the car in front of them, a
maroon Honda CRV (CRY).

When the Corollo reached alongside the CRY, the passenger on the front seat of the Corollo shot the CRY and
caused the CRY to swerve and fall in the canal in the road embankment. Four (4) armed men then suddenly
alighted the Corollo and started shooting at the driver of the CRY, who was later identified as Cabiedes. During the
shooting, a bystander, Bulanan, who was standing near the road embankment, was hit by a stray bullet. The four
armed men hurried back to the Corollo and immediately left the crime scene. PO1 Garabiles and PO2 Santos
followed the Corollo but lost track of the latter. Later, both Cabiedes and Bulanan died from fatal gunshot
wounds: Cabiedes was pronounced dead on arrival (DOA) at the Good Samaritan General Hospital due to three (3)
gunshot wounds on the left side of his chest while Bulanan died on the spot after being shot in the head.

During the investigation, the police learned that the Corollo was registered under the name of Antonio Y. Rivera
(Rivera). Upon inquiry, Rivera admitted that he is the owner of the Corollo but clarified that the Corollo is one of
the several cars he owns in his car rental business, which he leased to Adriano. Later that day, Adriano arrived at
Rivera's shop with the Corollo, where he was identified by PO2 Santos and PO1 Garabiles as one of the four
assailants who alighted from the passenger's seat beside the driver of the Corollo and shot Cabiedes. He was
immediately arrested and brought to the Provincial Special Operations Group (PSOG) headquarters in Cabanatuan
City.

RTC: Cabiedes: Murder; Ofelia: Homicide CA: Affirmed SC: Both Murder

ISSUE: WON appellant may be held liable for the unintentional death of Ofelia Bulanan.

RULING:
Yes. The prosecution has established the concurrence of the elements of murder: (1) the fact of death of Cabiedes
and Bulanan; (2) the positive identification of Adriano as one of perpetrators of the crime; and (3) the attendance
of treachery as a qualifying aggravating circumstance and use of firearms and abuse of superior strength as generic
aggravating circumstances. For the death of Cabiedes: The present case is a case of murder by ambush. In ambush,
the crime is carried out to ensure that the victim is killed and at the same time, to eliminate any risk from any
possible defenses or retaliation from the victim ambush exemplifies the nature of treachery.

For the death of Ofelia: Adriano's original intent was to kill Cabiedes. However, during the commission of the crime
of murder, a stray bullet hit and killed Bulanan. Adriano is responsible for the consequences of his act of shooting
Cabiedes. This is the import of Article 4 of the Revised Penal Code. Criminal liability is incurred by any person
committing a felony although the wrongful act be different from that which is intended. One who commits an
intentional felony is responsible for all the consequences which may naturally or logically result therefrom,
whether foreseen or intended or not. The rationale of the rule is found in the doctrine, 'el que es causa de la causa
es causa del mal causado', or he who is the cause of the cause is the cause of the evil caused. Finally, although
Bulanan's death was by no means deliberate, we shall adhere to the prevailing jurisprudence pronounced
in People v. Flora, where the Court ruled that treachery may be appreciated in aberratio ictus.
WHEREFORE, the appeal is DISMISSED. The assailed Decision of the Court of Appeals in CA-G.R. CR-HC No. 04028
is AFFIRMED with MODIFICATIONS. Appellant-appellant ROLLY ADRIANO y SAMSON is found GUILTY beyond
reasonable doubt of MURDER (Criminal Case No. 13160-07) for the killing of DANILO CABIEDES and is hereby
sentenced to suffer the penalty of reclusion perpetua. Accused appellant ROLLY ADRIANO y SAMSON is ordered to
pay the heirs of DANILO CABIEDES the amount of Seventy Five Thousand Pesos (P75,000.00) as civil indemnity,
Seventy Five Thousand Pesos (P75,000.00) as moral damages, Thirty Thousand Pesos (P30,000.00) as exemplary
damages, and Two Hundred Thirty Two Thousand Four Hundred Eighty Two Pesos (P232,482.00) as actual
damages.

Accused-appellant ROLLY ADRIANO y SAMSON is also found guilty beyond reasonable doubt of the crime
of MURDER (Criminal Case No. 13159-07) for the killing of OFELIA BULANAN and is hereby sentenced to suffer the
penalty of reclusion perpetua. Accused-appellant ROLLY ADRIANO y SAMSON is ordered to pay the heirs of OFELIA
BULANAN in the amount of the amount of Seventy Five Thousand Pesos (P75,000.00) as civil indemnity, Seventy
Five Thousand Pesos (P75,000.00) as moral damages, Thirty Thousand Pesos (P30,000.00) as exemplary damages,
and Twenty Five Thousand Pesos (P25,000.00) as temperate damages in lieu of actual damages.

All monetary awards shall earn interest at the rate of 6% per annum from the date of finality until fully paid.

SO ORDERED.