People v Mandolado

Defendant-appellants: Martin Mandolado, Julian Ortillano

GUERRERO J
Facts: In October 3, 1977, Mandolado, Ortillano, Erinada and Simon, draftees of the
AFP assigned in Mindanao were passengers of a bus bound for North Cotabato. They
were in uniform and armed. They subsequently alighted, and decided to drink ESQ
rum (Tanduay Extra Smooth Quality).
After drinking for an hour, Mandolado grabbed his machine gun and started firing.
Sensing trouble, Erinada and Simon ran away and boarded a passing Ford Fiera with
some passengers on board. Appllante followed suit and forced the driver to bring
them to Midsayap crossing. They alighted at said crossing, and Mandolado fired his
gun at the vehicle, hitting the back of a passenger.
Erinada and Simon boarded a passing jeep bound for Cotabato driven by Tenorio.
Appellants followed them again. On board, appellants kept firing their guns.
Tenorio remarked Kung di kayo tatahimik, ibabangga ko itong jeep, causing
Mandolado to get angry and ordering the driver to stop the vehicle. Simon and
Erinada immediately jumped off the jeep and ran towards their detachment camp.
Appellants also got off the jeep. Mandolado subsequently fired his guns at the
occupants of the jeep, killing Tenorio and one Mendoza. While Ortillano fired
downwards hitting the ground. This was held to be for no other purpose than to
conceal or destroy the body of the crime and making it appear that the victims were
fighting them or running away or that somebody else like MNLF, rebels, NPA, or
bandits committed the crime.
They were able to get to their camp in the afternoon, surrendering the firearms, but
not reporting the incident. The following morning, they purchased two tickets for
Manila. But before they could board, they were apprehended by elements of AFP.
CFI Cotabato: Acquitted Erinada and Simon. Death penalty to Mandolado for 2
counts of murder. 6 yrs of prision correccional as minimum to 17 years of prision
mayor as maximum, as accessory, to Ortillano.
SC Held: As to Ortillano, the decision was modified to find him guilty as accomplice
in the two killings. He had knowledge of the criminal design, being a witness to the
prior outburst in the shooting incident earlier in the market. He didnt shoot at the
victims, but he manifested his concurrence by supplying simultaneous acts in the
form of moral aid. His presence served to encourage Mandolado.
An accomplice cooperates in the execution of the offense by pervious or
simultaneous acts, provided he has no direct participation in its execution
or doesnt force or induce others to commit it, or his cooperation isnt
indispensable to its accomplishment.
Mitigating circumstance of drunkenness which is not habitual is afforded to both.

Mandolado: 10 years 1 day of prision mayor as minimum to 17 years 4 months 1

day of reclusion temporal as maximum in EACH OF THE TWO CASES
Ortillano: 4 years 2 months of prision correccional to 10 years 1 day of prision
mayor in EACH CASE.