20. THE PEOPLE OF THE PHILIPPINES, vs.

DELFINO BELTRAN, DOMINGO HERNANDEZ, CEFERINO BELTRAN, MANUEL PUZON

CRESENCIO SIAZON and ROGELIO BUGARIN
GR Nos L-37168-69, September 13, 1985

MAIN POINT:

Conspiracy exists in the case at bar based on the sequence of events that
transpired. It is also enough to prove conspiracy exists, that at a time the offense was
committed, the participants had the same purpose and were united in execution.

Beltran cannot raise the defense of self defense because the elements of: (1)
unlawful aggression on the [art of the offended party; (2) reasonable necessity of the
means employed; (3) and lack of sufficient provocation on the part of the person
defending himself was not present.

The mitigating circumstance of voluntary surrender is offset by the agravating

circumstance of evident premeditation.

FACTS:
In the evening of January 11, 1972 in Ballesteros Cagayan, when a certain ERNESTO
ALVARADO was bringing CALIXTO URBI home in Jeep, DELFINO BELTRAN SHOUTED “Oki
ni inayo” . This was reported to newly elected Mayor BIENVENIDO QUIROLGICO which then
decided to go to Beltran with the intention to discuss the matter. When they arrived at the
location, they saw the accused-appellant and suddenly there was a simultaneous discharge of
gunfire. In the shooting incident, the son of Mayor, VICENTE QUIROLGICO was shot to death.
The following day, the accused-appellant surrendered before the Barangay Captain. The
defense of Beltran was self-defense while the rest of them denied having anything to do with the
incident.
Accused-appellants were found guilty beyond reasonable doubt of crime murder for the
death of VICENTE QUIROLGICO. They averred that they should be credited with voluntary
surrender as mitigating circumstances.

ISSUE:

Whether or not the appellants should be credited with mitigating circumstances.

RULING:
 Yes. The appellants should be credited with voluntary surrender as mitigating
circumstance. However, in the case at bar theis mitigating circumstance is offset by the
aggravating circumstance of evident premeditation.