In Balanay v. Sandiganbayan, the Supreme Court affirmed the conviction of a police officer for homicide, clarifying the limits of justifiable actions in the line of duty. The Court emphasized that while law enforcement officers have the authority to prevent escapes, this authority is not limitless. This decision underscores that police officers must act within the bounds of necessity and proportionality; deadly force is not justified when other means of preventing escape are available, or when the escaping person does not pose an immediate threat.

The Runaway Prisoner: Was Deadly Force a Necessary Evil?

The case revolves around Eduardo Balanay, a Philippine National Police officer, who was found guilty of homicide for the death of Diomercio Antabo, a detention prisoner. Balanay was guarding Antabo when he allowed him to relieve himself outside the municipal building. Antabo attempted to flee, and Balanay, armed with an M-16 rifle, shot and killed him. The central legal question was whether Balanay’s actions were justified as the fulfillment of a duty, specifically preventing a prisoner from escaping.

Balanay invoked Article 11 of the Revised Penal Code, arguing he acted in the performance of his duty. This legal defense necessitates proving two critical elements: first, that the accused acted in the performance of a duty, and second, that the injury or offense committed was the necessary consequence of the due performance of that duty. The Sandiganbayan and subsequently the Supreme Court found that Balanay failed to sufficiently establish these elements. The prosecution’s evidence and inconsistencies in the defense’s testimonies undermined Balanay’s claim.

A key point of contention was the credibility of witnesses. The sole prosecution witness, Dr. Proceso Benlot, presented objective medical findings. His testimony indicated that the entry wound suggested the victim was shot from the front, contradicting the defense’s claim that Antabo was fleeing. The defense witnesses, on the other hand, were fellow police officers who admitted to being asked by Balanay to testify in his favor, casting doubt on their impartiality. The Supreme Court highlighted this disparity, stating that:

A witness is said to be biased when his relation to the cause or to the parties is such that he has an incentive to exaggerate or give false color to his statements, or to suppress or to pervert the truth, or to state what is false. Bias is that which excites the disposition to see and report matters as they are wished for rather than as they are.

Adding to the doubt was Balanay’s own testimony. Initially, he claimed he intended only to hit Antabo in the leg to stop him. However, under questioning by the court, Balanay admitted his intention was to kill the victim. This admission was a significant blow to his defense. The Court emphasized this point, quoting Balanay’s testimony:

AJ ATIENZA

Q But your purpose in firing that third shot was really to stop him from running?

A Yes, Your Honor.

Q And to kill him?

A Yes, Your Honor.

The Supreme Court pointed out the inconsistency in Balanay’s actions with established legal principles. Quoting *People v. De la Cruz*, the Court reiterated that “Performance of duties does not include murder.” Even if Balanay was on duty, his actions were not justified because Antabo was not committing any offense that warranted the use of deadly force.

The defense also sought a new trial, arguing that new evidence and witnesses could change the outcome. However, the Sandiganbayan found this motion defective, as it lacked supporting affidavits and failed to demonstrate that the evidence could not have been discovered earlier with due diligence. The Supreme Court concurred, reinforcing the need for diligence in presenting evidence during the initial trial.

The Court emphasized the principle of onus probandi, which places the burden of proof on the prosecution to establish the guilt of the accused. However, when the accused admits to the crime but offers a justification, the burden shifts to the accused to prove that justification. In this case, Balanay admitted to shooting Antabo but failed to provide sufficient evidence to justify his actions. The Court underscored that to successfully claim fulfillment of duty as a defense, it must be proven that the accused acted in the performance of a duty, and that the resulting injury was a necessary consequence of that duty. The absence of these elements led to the affirmation of Balanay’s conviction.

The conviction of Balanay serves as a reminder that law enforcement officers are not immune from accountability, even when acting in what they perceive to be the performance of their duties. The use of force must always be proportional to the threat and within the bounds of the law. This ruling reinforces the importance of upholding the rule of law and protecting the rights of all individuals, including those in custody.

FAQs

What was the central issue in this case?	The central issue was whether PO1 Balanay’s act of shooting a detention prisoner who was attempting to escape was a justifiable act in the performance of his duty. The court had to determine if the elements of justifying circumstances were present to absolve Balanay of criminal liability.
What was Balanay’s defense?	Balanay claimed he shot Antabo while performing his duty as a jail guard, attempting to prevent Antabo from escaping. He argued that his actions were justified under Article 11 of the Revised Penal Code, which pertains to the fulfillment of a duty.
Why did the Sandiganbayan and Supreme Court reject Balanay’s defense?	The courts rejected Balanay’s defense because the evidence suggested that the shooting was not a necessary consequence of preventing the escape. The location of the entry wound, Balanay’s admission of intent to kill, and the distance between Balanay and Antabo indicated that excessive force was used.
What is the significance of Dr. Benlot’s testimony?	Dr. Benlot’s testimony was crucial because his medical findings suggested that Antabo was shot from the front, contradicting the defense’s claim that Antabo was running away. This undermined the argument that Balanay was acting to prevent an escape.
What did the court say about the credibility of the defense witnesses?	The court noted that the defense witnesses were fellow police officers who admitted to being asked by Balanay to testify in his favor. This raised questions about their impartiality and the reliability of their testimonies.
What is the ‘onus probandi’ and how did it apply in this case?	The ‘onus probandi’ is the burden of proof. Generally, it is on the prosecution to prove the guilt of the accused. However, since Balanay admitted to the shooting but claimed it was justified, the burden shifted to him to prove the elements of his justification defense.
What was the court’s final ruling?	The Supreme Court affirmed the Sandiganbayan’s decision, finding Balanay guilty of homicide. The Court held that Balanay failed to prove that his actions were a necessary consequence of performing his duty, and therefore, his defense of justification was rejected.
What are the practical implications of this ruling for law enforcement officers?	This ruling reinforces that law enforcement officers must use force proportionally and only when necessary. It clarifies that preventing an escape does not justify the use of deadly force unless the escaping person poses an immediate threat, and that officers will be held accountable for excessive force.

The Balanay case underscores the judiciary’s commitment to ensuring that law enforcement actions are aligned with the principles of justice and human rights. It provides a benchmark for assessing the legality of actions taken by police officers in the line of duty, particularly when such actions result in loss of life.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: EDUARDO P. BALANAY vs. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES, G.R. No. 112924, October 20, 2000