£.UUS vs. BALUYOT 40 PHIL 365 FACTS: ‘Accused Baluyot ran for Governor of Bataan but lost to the deceased Lerma. ‘ter 2 years of such defeat, the accusedi(Baluyot) encountered series of Uuntortunate events, which ne attnbutea Lerma having played a significant part ot such. ‘© He was being prosecuted for estafa in Manila (oan in PNB) ‘© He was being asked to resign in his postion(as National Guard Captain) ‘© He was temporariy relleved from his position durng the pendency of his case He then went back to Bataan obtained a revolverin Orion. shipped a pisnoto ‘Mania for his wife and tien proceeded to Balange. He intended to meet Gov.Lerma, ‘but he was asked to wait fer him inthe recorder's offce along with Aranjuez, police ‘chief of Limay. Lerma then arrived and fist met with Baluyot in his office, sensing ‘that their acquairtance would be longer than whet was expected Lerma asked a ‘moment to tak to Aranjuez which Baluyot allowed wilingly. Minutes later Aranjuez left the Governor’ office and 2cked Baluyot to return to the office of the Gevemor. ‘iter a number of seconds(disputed length of time) a fire was shot by Baluyot which Injured Lerma in the right shoulder, Aranjuez, alarmed by the first shot saw Baluyot ‘pointing the gun at Lerma who was then trying to escape his aggressor. Aranjuez sald ne clearly saw Baluyot shooting Lerma while the latter was in his attempt to ‘escape, Lerma was again wounded in tne night shoulder area. Lerma then ran towards the closet which he kept closed by leaning on the door. Then Baluyot, who {alled in his attempts to open the door, fired a chet at the door which in turn his ‘Lerma in the head the bullet exited through the latter's left eye [Baluyot en successtully opened the door whe Lerma shat out of tne door ‘unconscious. He died 2 hours after the last shot was fired Baluyot surrendered to the constabulary who was already outside the buiding where the sheoting took piace. ‘Baluyot was charged with murder by the CF of Bataan, qualified by: ‘¢ treacherythe victim being unarmed and defenseless) {citing the case of Us vs. Bicenal} ‘© premeditation(conversatien between Magajes and Baluyot. implication that Baluyot was blaming nis “archenemy" and intending that Lerma would pay), and ‘+ crime committed against a public authority in discharge of his Guty(Lerma boing in his office when he was assaulted) (citing the care oF US vs. Gil because both case have similar facts) onaales(tne recorder), Aranjuezipoice chiet of Umay), Guzman(tne ‘provincial essesscr) all testified against Baluyct, proved thet Baluyot and Lerma