Salvador Yapyuco y Enriquez V
Salvador Yapyuco y Enriquez V
Salvador Yapyuco y Enriquez V
ENRIQUEZ v.
SANDIGANBAYAN
Law enforcers thrust their lives in unimaginable zones
of peril. Yet resort to wanton violence is never
justified when their duty could be performed
otherwise. A "shoot first, think later" disposition
occupies no decent place in a civilized society. Never
has homicide or murder been a function of law
enforcement. The public peace is never predicated on
the cost of human life.
CONTRARY TO LAW.[3]
CONTRARY TO LAW.[5]
Hailed to court on April 30, 1991 after having
voluntarily surrendered to the authorities,[6] the
accused except Pabalan who died earlier on June 12,
1990,[7] and Yapyuco who was then allegedly
indisposed[8] entered individual pleas of not guilty.[9] A
month later, Yapyuco voluntarily surrendered to the
authorities, and at his arraignment likewise entered a
negative plea.[10] In the meantime, Mario Reyes,
Andres Reyes, David, Lugtu, Lacson, Yu and
Manguerra jointly filed a Motion for Bail relative to
Criminal Case No. 16612.[11] Said motion was heard on
the premise, as previously agreed upon by both the
prosecution and the defense, that these cases would
be jointly tried and that the evidence adduced at said
hearing would automatically constitute evidence at
the trial on the merits.[12] On May 10, 1991, the
Sandiganbayan granted bail in Criminal Case No.
16612.[13] Yapyuco likewise applied for bail on May 15,
1991 and the same was also granted on May 21,
1991.[14] Pamintuan died on November 21, 1992,[15] and
accordingly, the charges against him were dismissed.
Of all the accused, only Yapyuco took the stand for the
defense. He identified himself as the commander of
the Sindalan Police Substation in San Fernando,
Pampanga and the superior officer of petitioners
Cunanan and Puno and of the accused Yu whose
jurisdiction included Barangays Quebiawan and
Telebastagan. He narrated that in the afternoon of
April 5, 1988, he and his men were investigating a
physical injuries case when Yu suddenly received a
summon for police assistance from David, who
supposedly was instructed by Pamintuan, concerning
a reported presence of armed NPA members in
Quebiawan. Yapyuco allegedly called on their main
station in San Fernando for reinforcement but at the
time no additional men could be dispatched. Hence,
he decided to respond and instructed his men to put
on their uniforms and bring their M-16 rifles with
them.[37]
Cunanan and Puno did not take the witness stand but
adopted the testimony of Yapyuco as well as the
latter's documentary evidence.[50] Mario Reyes, Andres
Reyes, Lugtu, Lacson, Yu and Manguera, waived their
right to present evidence and submitted their
memorandum as told.[51]
SO ORDERED.[53]
I.
II.
III.
IV.
V.
VI.
SO ORDERED.
TSN, April 30, 1991, pp. 12-14. See also records, vol. 1,
pp 191-197.
198-205.
Receipts, Exhibits D, E, F, G, H.
42, 50-53.
8, 1993, p. 10.
955.
[81] Id.
[88] See note 50 and Exhibits "A," "B," "C," "N" and "O."
[99] See notes 38 and 39. See also Exhibits "B" and "C."
[102] Id.
[122] Id.
S.E.2d 645.
"W-2."