G.R. No. 108381 – 327 SCRA 269 – Criminal Law – Book I – Aggravating Circumstances – Taking Advantage of Public Position
On June 20, 1988, around 11:30 pm in Basco, Batanes, Amadeo Acaya arrived in a baptismal party. As he was drunk, he flaunted that he is one of Honasan’s men and a member of the Philippine Constabulary – Integrated National Police. He then fired shots in the air scaring everybody. He went to a certain Efren Rodriguez and shot him in the face causing his death. He continued his frenzy, fortunately nobody else died due to the intervention of a certain Felipe Viola. Acaya was convicted for murder.
ISSUE: Whether or not the aggravating circumstance of taking advantage of one’s public position is attendant?
HELD: Yes. However, treachery was not proven so Acaya should only be convicted for homicide. It is established that taking advantage of one’s public position is attendant for Acaya used his service armalite in shooting Rodriguez and he even boasted his being a constabulary. The alternative circumstance of drunkenness should be appreciated in Acaya’s favor, as a mitigating circumstance, as his drinking was only incidental.
