Dado vs. People (G.R.

No 131421)

Facts: The petitioner is Geronimo Dado. The respondent is People of the

Philippines. In the case at bar, on the night of May 25, 1992, Sultan Kudarat Police
station formed three teams to intercept cattle rustlers. The team composed of the
herein petitioner SPO4 Geromino Dado and CAFGU members waited behind a
large dike at Sitio Paitan, Sultan Kudarat. At around 11:00 of the same evening, the
team saw somebody walking half-naked approaching at a distance of about 50
meters. Suddenly, Eraso, a team member, fired hid M16 rifle at the man.
Thereafter, the petitioner fired a single shot from his pistol. The victim shouted
“Tay Dolfo, ako ni.” The victim turned out to be Silvestre Butsoy Balinas, who is
not the cattle rustler the team were ordered to intercept. A certain Dr. Antenor
conducted a post-mortem examination on the body of Silvestre Balinas testified
that the fatal wound that caused the death of the victim was the one inflicted on the
mid-inner thigh. Thus, Eraso and Dado were charged and found guilty of homicide.

Issue: Is the petitioner liable for homicide.

Held: The Supreme Court said that the prosecution failed to prove that the metallic
fragments found inside the fatal wound of the victim are particles of a pistol that
was fired by the herein petitioner. Also, he cannot be held responsible for the
wound inflicted on the victims right outer lateral arm for the same reason that there
is no evidence proving it. The crime that the petitioner should be liable of is Illegal
Discharge of Firearm.