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G.R. No. 204894. March 10, 2014.*

PEOPLE OF THE PHILIPPINES, appellee, vs. NOEL
ENOJAS y HINGPIT, ARNOLD GOMEZ y FABREGAS,
FERNANDO SANTOS y DELANTAR and ROGER
JALANDONI y ARI, appellants.

Criminal Law; Aggravating Circumstances; Aid of Armed

Men; Use of Unlicensed Firearms; In “aid of armed men,” the men
act as accomplices only. They must not be acting in the commission
of the crime under the same purpose as the principal accused,
otherwise they are to be regarded as co-principals or co-
conspirators. The use of unlicensed firearm, on the other hand, is a
special aggravating circumstance that is not among the
circumstances mentioned in Article 248 of the Revised Penal Code
as qualifying a homicide to murder.—In “aid of armed men,” the
men act as accomplices only. They must not be acting in the
commission of the crime under the same purpose as the principal
accused, otherwise they are to be regarded as co-principals or co-
conspirators. The use of unlicensed firearm, on the other hand, is
a special aggravating circumstance that is not among the
circumstances mentioned in Article 248 of the Revised Penal Code
as qualifying a homicide to murder. Consequently, the accused in
this case may be held liable only for homicide, aggravated by the
use of unlicensed firearms, a circumstance alleged in the
information.
Remedial Law; Evidence; Text Messages; Text messages are to
be proved by the testimony of a person who was a party to the same
or has personal knowledge of them.—As to the admissibility of the
text messages, the RTC admitted them in conformity with the
Court’s earlier Resolution applying the Rules on Electronic
Evidence to criminal actions. Text messages are to be proved by
the testimony of a person who was a party to the same or has
personal knowledge of them. Here, PO3 Cambi, posing as the
accused Enojas, exchanged text messages with the other accused
in order to identify and entrap them. As the recipient of those
messages sent from and to the mobile

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* THIRD DVISION.

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phone in his possession, PO3 Cambi had personal knowledge of

such messages and was competent to testify on them.

APPEAL from a decision of the Court of Appeals.

The facts are stated in the opinion of the Court.
  Office of the Solicitor General for appellee.
  Public Attorney’s Office for appellants.

 
ABAD, J.:
On September 4, 2006 the City Prosecutor of Las Piñas
charged appellants Noel Enojas y Hingpit (Enojas), Arnold
Gomez y Fabregas (Gomez), Fernando Santos y Delantar
(Santos), and Roger Jalandoni y Ari (Jalandoni) with
murder before the Las Piñas Regional Trial Court (RTC) in
Criminal Case 06-0854.[1]
PO2 Eduardo Gregorio, Jr. (PO2 Gregorio) testified that
at around 10:30 in the evening of August 29, 2006, he and
PO2 Francisco Pangilinan (PO2 Pangilinan) were
patrolling the vicinity of Toyota Alabang and SM
Southmall when they spotted a taxi that was suspiciously
parked in front of the Aguila Auto Glass shop near the
intersection of BF Almanza and Alabang-Zapote Roads.
The officers approached the taxi and asked the driver, later
identified as accused Enojas, for his documents. The latter
complied but, having entertained doubts regarding the
veracity of documents shown them, they asked him to come
with them to the police station in their mobile car for
further questioning.[2]
Accused Enojas voluntarily went with the police officers
and left his taxi behind. On reaching the 7-11 convenience
store on the Zapote-Alabang Road, however, they stopped
and PO2 Pangilinan went down to relieve himself there. As
he

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[1] Records, p. 1.
[2] TSN, February 8, 2007, pp. 4-7.

 
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approached the store’s door, however, he came upon two

suspected robbers and shot it out with them. PO2

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Pangilinan shot one suspect dead and hit the other who
still managed to escape. But someone fired at PO2
Pangilinan causing his death.
On hearing the shots, PO2 Gregorio came around and
fired at an armed man whom he saw running towards Pilar
Village. He saw another man, who came from the Jollibee
outlet, run towards Alabang-Zapote Road while firing his
gun at PO2 Gregorio. The latter returned fire but the men
were able to take a taxi and escape. PO2 Gregorio radioed
for help and for an ambulance. On returning to his mobile
car, he realized that accused Enojas, the taxi driver they
had with them had fled. 
P/Insp. Ferjen Torred (Torred), the Chief of
Investigation Division of the Las Piñas Police, testified that
he and PO2 Teoson Rosarito (PO2 Rosarito) immediately
responded to PO2 Gregorio’s urgent call. Suspecting that
accused Enojas, the taxi driver who fled, was involved in
the attempted robbery, they searched the abandoned taxi
and found a mobile phone that Enojas apparently left
behind. P/Ins. Torred instructed PO3 Joel Cambi (PO3
Cambi) to monitor its incoming messages.[3]
The police later ascertained that the suspect whom PO2
Pangilinan had killed was someone named Reynaldo
Mendoza who was armed with a .38 caliber revolver. The
police found spent 9 mm and M-16 rifle shells at the crime
scene. Follow-up operations at nearby provinces resulted in
finding the dead body of one of the suspects, Alex Angeles,
at the Metro South Medical Center along Molino, Bacoor,
Cavite.[4]
PO3 Cambi and PO2 Rosarito testified that they
monitored the messages in accused Enojas’ mobile phone
and, posing as Enojas, communicated with the other
accused. The police

_______________
[3] TSN, May 3, 2007, pp. 10-14.
[4] CA Rollo, p. 28.

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then conducted an entrapment operation that resulted in

the arrest of accused Santos and Jalandoni. Subsequently,
the police were also able to capture accused Enojas and
Gomez. The prosecution presented the transcripts of the
mobile phone text messages between Enojas and some of
his co-accused.[5]
The victim’s father, Ricardo Pangilinan, testified that
his son was at the time of his death 28 years old,
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unmarried, and was receiving police pay of P8,000.00 to

P10,000.00 per month. Ricardo spent P99,999 for burial
expense, P16,000.00 for the interment services, and
P50,000.00 for purchase of the cemetery lot.[6]
Manifesting in open court that they did not want to
adduce any evidence or testify in the case,[7] the accused
opted to instead file a trial memorandum on March 10,
2008 for their defense. They pointed out that they were
entitled to an acquittal since they were all illegally
arrested and since the evidence of the text messages were
inadmissible, not having been properly identified.
On June 2, 2008 the RTC rendered judgment,[8] finding
all the accused guilty of murder qualified by evident
premeditation and use of armed men with the special
aggravating circumstance of use of unlicensed firearms. It
thus sentenced them to suffer the penalty of reclusion
perpetua, without the possibility of parole and to indemnify
the heirs of PO2 Pangilinan with P165,999.00 as actual
damages, P50,000.00 as moral damages, P25,000.00 as
exemplary damages, and P2,080,000.00 as compensation
for loss of earning capacity.
Upon review in CA-G.R. CR-H.C. 03377, on June 14,
2012 the Court of Appeals (CA) dismissed the appeal and
affirmed in toto the conviction of the accused.[9] The CA,
however, found

_______________
[5] Records, pp. 431-438.
[6] TSN, December 14, 2006, pp. 4-7.
[7] Rollo, p. 6.
[8] Id., at pp. 27-34.
[9] Id., at pp. 2-17.

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the absence of evident premeditation since the prosecution

failed to prove that the several accused planned the crime
before committing it. The accused appealed from the CA to
this Court.[10]
The defense points out that the prosecution failed to
present direct evidence that the accused Enojas, Gomez,
Santos, or Jalandoni took part in shooting PO2 Pangilinan
dead.[11] This may be true but the prosecution could prove
their liability by circumstantial evidence that meets the
evidentiary standard of proof beyond reasonable doubt. It
has been held that circumstantial evidence is sufficient for
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conviction if:
1) there is more than one circumstance; 2) the facts from
which the inferences are derived are proven; and 3) the
combination of all the circumstances is such as to produce a
conviction beyond reasonable doubt.[12]
Here the totality of the circumstantial evidence the
prosecution presented sufficiently provides basis for the
conviction of all the accused. Thus:
1. PO2 Gregorio positively identified accused
Enojas as the driver of the taxicab suspiciously parked
in front of the Aguila Auto Glass shop. The officers
were bringing him with them to the police station
because of the questionable documents he showed upon
query. Subsequent inspection of the taxicab yielded
Enojas’ mobile phone that contained messages which
led to the entrapment and capture of the other accused
who were also taxicab drivers.
2. Enojas fled during the commotion rather than
remain in the cab to go to the police station where he
was about to be taken for questioning, tending to show

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[10] Id., at p. 18.
[11] Bacolod v. People, G.R. No. 206236, July 15, 2013, 701 SCRA 229.
[12] People v. Garcia, 577 Phil. 483, 500; 554 SCRA 616, 633 (2008).

 
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that he had something to hide. He certainly did not go

to the police afterwards to clear up the matter and
claim his taxi.
3. PO2 Gregorio positively identified accused
Gomez as one of the men he saw running away from
the scene of the shooting.
4. The text messages identified “Kua Justin” as
one of those who engaged PO2 Pangilinan in the
shootout; the messages also referred to “Kua Justin” as
the one who was hit in such shootout and later died in
a hospital in Bacoor, Cavite. These messages linked
the other accused.
5. During the follow-up operations, the police
investigators succeeded in entrapping accused Santos,
Jalandoni, Enojas, and Gomez, who were all named in
the text messages.
6. The text messages sent to the phone recovered
from the taxi driven by Enojas clearly made references
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to the 7-11 shootout and to the wounding of “Kua

Justin,” one of the gunmen, and his subsequent death.
7. The context of the messages showed that the
accused were members of an organized group of
taxicab drivers engaged in illegal activities. 
8. Upon the arrest of the accused, they were found
in possession of mobile phones with call numbers that
corresponded to the senders of the messages received
on the mobile phone that accused Enojas left in his
taxicab.[13]
The Court must, however, disagree with the CA’s ruling
that the aggravating circumstances of a) aid of armed men
and b) use of unlicensed firearms qualified the killing of
PO2 Pangilinan to murder. In “aid of armed men,” the men
act as accomplices only. They must not be acting in the
commission of the crime under the same purpose as the
principal accused,

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[13] CA Rollo, pp. 32-33.

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otherwise they are to be regarded as co-principals or co-

conspirators. The use of unlicensed firearm, on the other
hand, is a special aggravating circumstance that is not
among the circumstances mentioned in Article 248 of the
Revised Penal Code as qualifying a homicide to murder.[14]
Consequently, the accused in this case may be held liable
only for homicide, aggravated by the use of unlicensed
firearms, a circumstance alleged in the information.
As to the admissibility of the text messages, the RTC
admitted them in conformity with the Court’s earlier
Resolution applying the Rules on Electronic Evidence to
criminal actions.[15] Text messages are to be proved by the
testimony of a person who was a party to the same or has
personal knowledge of them.[16] Here, PO3 Cambi, posing
as the accused Enojas, exchanged text messages with the
other accused in order to identify and entrap them. As the
recipient of those messages sent from and to the mobile
phone in his possession, PO3 Cambi had personal
knowledge of such messages and was competent to testify
on them.
The accused lament that they were arrested without a
valid warrant of arrest. But, assuming that this was so, it
cannot be a ground for acquitting them of the crime

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charged but for rejecting any evidence that may have been
taken from

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[14] See People v. Candado, 174 Phil. 12, 27-28; 84 SCRA 508, 524
(1978).
[15] A.M. No. 01-7-01-SC, Re: Expansion of the Coverage of the Rules
on Electronic Evidence, September 24, 2002.
Rule 1, Sec. 2. Cases covered.—These Rules shall apply to the
criminal and civil actions and proceeding, as well as quasi-judicial and
administrative cases.
[16] Id., Rule 11, Section 2:

Section 2. Ephemeral electronic communications.—Ephemeral

electronic communications shall be proven by the testimony of a person
who was a party to the same or has personal knowledge thereof. In the
absence or unavailability of such witnesses, other competent evidence may
be admitted.

 
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them after an unauthorized search as an incident of an

unlawful arrest, a point that is not in issue here. At any
rate, a crime had been committed — the killing of PO2
Pangilinan — and the investigating police officers had
personal knowledge of facts indicating that the persons
they were to arrest had committed it.[17] The text messages
to and from the mobile phone left at the scene by accused
Enojas provided strong leads on the participation and
identities of the accused. Indeed, the police caught them in
an entrapment using this knowledge.
The award of damages by the courts below has to be
modified to conform to current jurisprudence.[18]
WHEREFORE, the Court MODIFIES the Court of
Appeals Decision of June 14, 2012 in CA-G.R. CR-HC
03377. The Court instead FINDS accused-appellants Noel
Enojas y Hingpit, Arnold Gomez y Fabregas, Fernando
Santos y Delantar, and Roger Jalandoni y Ari GUILTY of
the lesser crime of HOMICIDE with the special
aggravating circumstance of use of unlicensed firearms.
Applying the Indeterminate Sentence Law, the Court
SENTENCES each of them to 12 years of prision mayor,
as minimum, to 20 years of reclusion temporal, as
maximum. The Court also MODIFIES the award of
exemplary damages by increasing it to P30,000.00, with an
additional P50,000.00 for civil indemnity.
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SO ORDERED.

Velasco, Jr. (Chairperson), Peralta, Mendoza and

Leonen, JJ., concur.

Judgment modified.

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[17] RULES OF COURT, Rule 113, Section 5(b).
[18]  People v. Relos, Sr., G.R. No. 189326, November 24, 2010, 636
SCRA 258, 264-265.

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Note.—The authority and instructions through cellular

phone calls or text messages are not in official form. (Re:
Unauthorized Disposal of Unnecessary and Scrap Materials
in the Supreme Court Baguio Compound, and the
Irregularity on the Bundy Cards of Some Personnel
Therein, 592 SCRA 12 [2009])
——o0o——

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