SUBJECT: REVISED PENAL CODE BOOOK 1 (G.R. NO.

57415)
INSTRUCTOR: PMAJ SHARI VANNEZA B DESEO
DATE: 25 SEPTEMBER 2023

PEOPLE V. RILLORTA (G.R. NO. 57415, DECEMBER 15, 1989

QUESTIONS:
1. Briefly discuss the facts of this case that makes it a complex crime of homicide
with assault upon a person in authority.
2. Why are accused-appellants Pascual Baylon Rillorta, Wesley Rillorta, and Wilson
Rillorta declared guilty as participants of this particular case?

ANSWER:
1. On the given case, accused Pascual Baylon Rillorta accosted Romy Ramos
and threatened him with a gun while uttering the following words; “Damn you, you
better go home o I’ll kill you there.” On their way home, Romy Ramos and his
companions were stopped by Pascual Baylon Rillorta, Wesley Rillorta, and Wilson
Rillorta. Pascual Baylon Rillorta, while armed with a bolo, warned Romy Ramos
and his companions not to thresh palay in barrio Barangobong. Barangay Captain
Emiliano Doton advised the three accused to let the group of Romy Ramos pass.
Pascual Baylon Rillorta, Wesley Rillorta, and Wilson Rillorta chased Barangay
Captain Emiliano Doton. Pascual Rillorta hacked Barangay Captain Emiliano
Doton with a bolo while his sons, Wesley Rillorta and Wilson Rillorta, held
Barangay Captain Emiliano Doton’s hands. Barangay Captain Emiliano Doton
died.
The Supreme Court ruled in this case that the crime is a complex one of
homicide with assault upon a person in authority under Articles 249 and 148 of the
Revised Penal Code in view of the circumstance that when Barangay Captain
Emiliano Doton intervened to prevent a violent encounter between Pascual Baylon
Rillorta, Wesley Rillorta and Wilson Rillorta, and Romy Ramos’ group, he was
discharging his duty as Barangay Captain to protect life and property and enforce
law and order in his barrio. Under Article 152 of the Revised Penal Code and
Presidential Decree No. 299, a Barangay Captain, or a Barrio Lieutenant, is a
person in authority.
2. Article 17 (3) of the Revised Penal Code states that those who cooperate in
the commission of the offense by another without which it would not have been
accomplished is a principal in the commission of the crime. For a person to become
a principal by indispensable cooperation, the following elements must be present;
(1) participation in the criminal resolution, that is, there is either anterior conspiracy
 or unity of criminal purpose and intention immediately before the commission of
the crime charged, and; (2) cooperation in the commission of the offense by
performing another act, without which it would not be accomplished.
In this case, there is no question that Pascual Baylon Rillorta is the one who
delivered the fatal blow towards Barangay Captain Emiliano Doton. Hence, he is
a principal described under Article 17 (1) of the Revised Penal Code. For Wesley
Rillorta and Wilson Rillorta, they are principal by indispensable cooperation.
Evident in their acts, there is a unity of criminal purpose and intention between
Pascual Baylon Rillorta, Wesley Rillorta and Wilson Rillorta. Further, the acts of
Wesley Rillorta and Wilson Rillorta, holding the hands of Barangay Captain
Emiliano Doton, were indispensable for the consummation of the crime. If they did
not held the hands of Barangay Captain Emiliano Doton, the crime may not be
consummated.

NAME: TROI BULALACAO, GIELDAN G.

CLASS: CIC CL 976-2023