Professional Documents
Culture Documents
FACTS
1 Tetch Torres-Tupas. NBI: Mayor Espinosa was murdered, defenseless. INQUIRER.NET, 06:50
PM December 06, 2016 http://newsinfo.inquirer.net/851292/nbi-mayor-espinosa-was-murdered-
defenseless#ixzz4UTzAxd60
2 Who is Rolando Espinosa, Sr.?. ABS-CBN News Network. 3 August 2016. Retrieved 6
December 2016.
1
government official was detained on the ground of illegal drug possession in
October 2016.3
ISSUES
3 Albuera Mayor Espinosa shot dead inside jail cell. ABS-CBN News. 5 November 2016.
Retrieved 14 November 2016.
4 Bea Cupin. Senate probe: Poorly-written script in Espinosa killing? November 12, 2016.
http://www.rappler.com/newsbreak/in-depth/152162-senate-probe-espinosa-killing-pnp
5 Gerg Cahiles. Witness: No shootout, Albuera Mayor Espinosa murdered. CNN Philippines.
November 8, 2016. http://cnnphilippines.com/news/2016/11/08/Witness-No-shootout-Albuera-
Mayor-Espinosa-murdered.html
2
a. Whether or not the criminal offense of murder was
committed with generic aggravating circumstance of
evident premeditation.
DISCUSSION
3
The elements of murder includes: that the person was killed, that the accused
killed him, that the killing was attended by any of the qualifying
circumstance mentioned in Article 248, and that killing is not parricide or
infanticide. 7
The facts of this case are explicitly evident that such requisites for murder
are present. Mayor Espinosa was undoubtedly killed, was killed by the
accused, it is certainly with the aid of armed men (qualifying circumstance
mentioned in Article 248), and such killing is not parricide or infanticide.
However, there are few confusions as to the manner of killing the victim
which gives rise to the generic aggravating circumstance of evident
premeditation.
9 Tetch Torres-Tupas. NBI: Mayor Espinosa was murdered, defenseless. INQUIRER.NET, 06:50
PM December 06, 2016 http://newsinfo.inquirer.net/851292/nbi-mayor-espinosa-was-murdered-
defenseless#ixzz4UTzAxd60
4
discrepancy in the photos provided. The Philippine Center for Investigative
Journalism show the body of Mayor Espinosa lying flat on his back with his
eyes half-open, and both of his hands empty; while the photo officially
released by the Criminal Investigation and Detection Group 8 of the
Philippine National Police shows Espinosa's body slumped sideways, with
his right hand appeared to be holding a gun.10
Pursuant to Art. 129 of the Revised Penal Code, Search warrants maliciously
obtained and abuse in the service of those legally obtained. In addition to
the liability attaching to the offender for the commission of any other
5
offense, the penalty of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not exceeding P1,000 pesos
shall be imposed upon any public officer or employee who shall procure a
search warrant without just cause, or, having legally procured the same, shall
exceed his authority or use unnecessary severity in executing the same.12
The elements of procuring a search warrant without just cause includes the
following: that the offender is a public officer or employee, that he procures
a search warrant, and that there is no just cause.13
The above mentioned requisites are present in the instant case. The
offenders are CIDG (public officer or employee), they legally procured a
search warrant issues by Judge Tarcelo Sabarre Jr., and there is no just cause.
The absence of just cause is apparent when the NBI said that based on its
investigation, the Baybay City jail where Espinosa was detained had
undergone a thorough search on October 5, 2016 or less than a week
before the CIDG 8 team served a search warrant on Espinosa to rid the
facility of contraband. The same effort, however, yielded nothing but a few
items like cellular phones. It was, therefore, impossible for Espinosa and
Yap to possess these firearms and illegal drugs inside their respective cells
on the night of the supposed implementation of the search warrants. 14 The
true test of lack of just cause is whether the affidavit filed in support of the
application for search warrant has been drawn in such a manner that perjury
could be charged thereon and affiant be held liable for damages caused. The
oath required must refer to the truth of the facts within the personal
knowledge of the applicant for search warrant or his witnesses, not of the
facts "reported to me by a person whom I consider to be reliable."15
The public officers procuring a search warrant without just cause may
also be held liable for perjury if they made a willful and deliberate assertion
of falsehood in the affidavits filed in support of the application for search
warrant. By virtue of Art. 183 of the Revised Penal Code. False testimony in
other cases and perjury in solemn affirmation. The penalty of arresto
mayor in its maximum period to prision correccional in its minimum period
shall be imposed upon any person, who knowingly makes untruthful
statements and not being included in the provisions of the next preceding
articles, shall testify under oath, or make an affidavit, upon any material
matter before a competent person authorized to administer an oath in cases
in which the law so requires.
6
Any person who, in case of a solemn affirmation made in lieu of an
oath, shall commit any of the falsehoods mentioned in this and the three
preceding articles of this section, shall suffer the respective penalties
provided therein.16
The elements of perjury are the following: that the accused made a
statement under oath or executed an affidavit upon a material matter; that the
statement or affidavit was made before a competent officer, authorized to
receive and administer oath; that in that statement or affidavit, the accused
made a willful and deliberate assertion of a falsehood; and That the sworn
statement or affidavit containing the falsity is required by law.17
CONCLUSION
7
Doculan, Police Officer 2 Jaime Bacsal are likewise liable for the same
charges.
Chief Inspector Leo Laraga, PO3 Norman Tiu Abellanosa and Paul
Granados Olendan are further more liable for search warrants maliciously
obtained under Art. 129 of the Revised Penal Code and perjury under Art.
183 of the same code.