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GR 216642 Bernardino Cruz Basco v. People of The PH

In the case of People of the Philippines vs. PO2 Bernardino Cruz y Basco, the court ruled that Cruz was not acting in self-defense when he shot Archibald Bernardo, leading to the accidental death of Gerwin F. Torralba. The court found that Cruz's actions did not meet the criteria for self-defense and upheld the ruling of reckless imprudence resulting in homicide for Torralba's death. However, Cruz was granted the mitigating circumstance of voluntary surrender due to his immediate surrender after the incident.

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0% found this document useful (0 votes)
55 views2 pages

GR 216642 Bernardino Cruz Basco v. People of The PH

In the case of People of the Philippines vs. PO2 Bernardino Cruz y Basco, the court ruled that Cruz was not acting in self-defense when he shot Archibald Bernardo, leading to the accidental death of Gerwin F. Torralba. The court found that Cruz's actions did not meet the criteria for self-defense and upheld the ruling of reckless imprudence resulting in homicide for Torralba's death. However, Cruz was granted the mitigating circumstance of voluntary surrender due to his immediate surrender after the incident.

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PEOPLE OF THE PHILIPPINES VS.

PO2 BENARDINO CRUZ Y BASCO


G.R NO. 216642
SEPTEMBER 08, 2010

DOCTRINE : Criminal liability is incurred by any person commit a felony although wrongful act done be different on
what he intended, he can be criminally liable for the direct, natural and logical consequences whether it is intended
or not. Aberratio Ictus - the blow that is intended to the victim where landed to another person.

VERSION OF THE PROSECUTION:

On September 9, 2008 Archibald Bernardo received a call from the customer complaining about the LPG tank, so he
decided to attend to it and drove his motorcycle. Bernardo chanced upon Cruz who is also on a motor cycle.
Bernardo overtook Cruz, when Bernardo look back and they eyes meet, Cruz place his right hand on gun trucked in
his waist and shouted at Bernardo, when Bernardo response he shot at him. Bernardo realize that he got hit when
he notice the blood dripping his arm and also he lost his grip that force him to stop the motorcycle. Meanwhile
Cruz continue firing his gun until he hit Bernardo’s right wrist, he accidentally killed Gerwin F. Torralba who was
flying a kite in that area at that time. Gerwin Torralba accidentally hit by one of the bullets of Cruz. Cruz ran toward
Nepa Street upon seeing Torralba sprawled on the ground. Bernardo survived due to prompt medical treatment
but Torralba did not survive

VERSION OF DEFENSE:

On September 9, 2008, Cruz a policeman was on a day shift duty and conducted a roving patrol at Paulino Street.
While he is transversing Paulino Street Bernardo suddenly overtook him and blocked his path. Cruz asked Bernardo
“ano ba?” but Bernardo shouted back “Ano rin!” at that time Bernardo drew his gun from his waist and pointed at
Cruz. Cruz acted swiftly by drawing his service firearm and firing at the arm of Bernardo. Even though Bernardo was
wounded he tried to load and cock his gun but Cruz fire again at Bernardo to repel the imminent danger. Cruz was
about to approach Bernardo and bring him to hospital but he hesitated when he saw a several people coming.
Thereafter Cruz surrender and that was only then that he learned Torralba was accidentally hit by the gun of Cruz
and died.

ISSUE:

1. Whether the CA committed a reversible error in ruling that Cruz was not acting in self defense or fulfillment of
duty at the time of the shooting incident;

2. Whether the CA committed a reversible error in not appreciating the mitigating circumstances of sufficient
provocation and voluntary surrender in favor of Cruz; and

3. Whether the CA committed a reversible error when it upheld the RTC ruling that, with respect to the death of
Torralba, Cruz is guilty only of reckless imprudence resulting in homicide instead of homicide

RULLING:

Cruz was not acting a self defense or fulfillment of his duty, the Court concurs with the findings of both the RTC
and the CA that Cruz's act of shooting was not precipitated by any unlawful aggression on the part of Bernardo. In
self-defense, the accused bears the burden of proving by clear and convincing evidence the concurrence of the
following elements: unlawful aggression, reasonable necessity of the means employed to prevent or repel the
unlawful aggression; and lack of sufficient provocation on the part of the person defending himself. Of these three
elements, the existence of unlawful aggression on the part of the victim is the most important. The test for the
presence of unlawful aggression is whether aggression from the victim put in real peril the life or personal safety of
the person defending himself, and such peril must not be an imagined or imaginary threat. Accordingly, there must
be a physical or material attack or assault the attack or assault must be actual, or, at least, imminent; and the attack
or assault must be unlawful.

Cruz is only entitled to the mitigating circumstance of voluntary surrender


The Booking Sheet and Arrest Report as well as the Crime Report were admitted by and offered in
evidence by the prosecution. These pieces of evidence clearly showing the fact that Cruz had not been
actually arrested, instead he immediately and voluntarily surrendered himself and his service firearm to
a person in authority. Thus, he is entitled to the mitigating circumstance of voluntary surrender.
The death of Torralba amounts to homicide
Under Art. 4, Criminal liability can be incurred even if the wrongful act done be different from what he
intended, The death of Torralba is the direct, natural and logical consequences of the felonious act of
Cruz and it is example of Aberratio Ictus

Appeal hereby PARTLY GRANTED

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