Road Rage Fist Fight Ends with Bike Rider Shot & Killed

[xninjax]

Sa presscon.. Tuturuan daw ni bato ng boxing at breathing para di madehado at di mag init ulo hehe

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[BratPAQ]

Ang sinampang kaso eh murder at frustrated murder. Di ba frustrated homicide lang yung isa dahil nadamay lang?

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[yebo]

Ang sinampang kaso eh murder at frustrated murder. Di ba frustrated homicide lang yung isa dahil nadamay lang?

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premeditation (he went back to his car to get his gun), use of a deadly weapon, kahit by-stander tamaan murder na din yun. adding to that he was trained in the use of the gun so it will be instinct for him to look at the gun sights before squeezing the trigger, second nature na yung laging dinudutdot ng range officer na "know what you are shooting at". he can not say napindot nya lang ng nakaturo sa iba yung baril nya. it will actually be his training in the use of weapons that will do him in.

[MR_BIG18]

premeditation (he went back to his car to get his gun), use of a deadly weapon, kahit by-stander tamaan murder na din yun. adding to that he was trained in the use of the gun so it will be instinct for him to look at the gun sights before squeezing the trigger, second nature na yung laging dinudutdot ng range officer na "know what you are shooting at". he can not say napindot nya lang ng nakaturo sa iba yung baril nya. it will actually be his training in the use of weapons that will do him in.

Maybe, btw he was already fuming mad, filled with adrenaline and into tunnel vision when he shot the guy, i doubt he saw his front sights, he just wanted to get a shot off...


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[jack_husain]

Maybe, btw he was already fuming mad, filled with adrenaline and into tunnel vision when he shot the guy, i doubt he saw his front sights, he just wanted to get a shot off...


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If that is so, it could not have been premeditated.

As I understand it, premeditation needs: (i) Time when Tonto decided to kill Garalde; (ii) Act indicating that he decided to kill Garalde; (iii) Sufficient lapse of time from the moment he decided to kill up to the time he shot Garalde for him to meditate the consequences of his actions.

It seems the last is missing. And, one more thing, they exchanged blows immediately before the shooting, so it could not be said that Garalde wasn't on guard to be killed treacherously.

All these things ruled out murder. And why would he be charged with Frustrated Murder for the hapless bystander when he did not intend to shoot that girl in the first place. Was it not a complex crime of homicide with frustrated homicide, that is, a single act resulted in two crimes?

Paging lawyers here to elucidate us these things (this is where I miss my mistah, but I heard he is torn between becoming an rtc judge and chief city prosecutor of somewhere. He is certified dutertard now).

[BratPAQ]

If that is so, it could not have been premeditated.

As I understand it, premeditation needs: (i) Time when Tonto decided to kill Garalde; (ii) Act indicating that he decided to kill Garalde; (iii) Sufficient lapse of time from the moment he decided to kill up to the time he shot Garalde for him to meditate the consequences of his actions.

It seems the last is missing. And, one more thing, they exchanged blows immediately before the shooting, so it could not be said that Garalde wasn't on guard to be killed treacherously.

All these things ruled out murder. And why would he be charged with Frustrated Murder for the hapless bystander when he did not intend to shoot that girl in the first place. Was it not a complex crime of homicide with frustrated homicide, that is, a single act resulted in two crimes?

Paging lawyers here to elucidate us these things (this is where I miss my mistah, but I heard he is torn between becoming an rtc judge and chief city prosecutor of somewhere. He is certified dutertard now).

Wouldn't unloading 5 bullets really shows that you are determined to kill?

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[kisshmet]

Ang sinampang kaso eh murder at frustrated murder. Di ba frustrated homicide lang yung isa dahil nadamay lang?

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The police will always file the weighty case such as murder and leave it up to the judge to extenuate it to homicide

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[attybjmp]

The police will always file the weighty case such as murder and leave it up to the judge to extenuate it to homicide

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What case to be filed ultimately depends on the investigating prosecutor (Fiscal) and not on the judge or even the police.

However, the judge would be in control already once the complaint has reached his/her sala (court) after the fiscal finds probable cause against the respondent Tanto.

[attybjmp]

Ang sinampang kaso eh murder at frustrated murder. Di ba frustrated homicide lang yung isa dahil nadamay lang?

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From the revised penal code:

"Article 6. Consummated, frustrated, and attempted felonies. - Consummated felonies as well as those which are frustrated and attempted, are punishable.

A felony is consummated when all the elements necessary for its execution and accomplishment are present; and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. (emphasis supplied)

There is an attempt when the offender commences the commission of a felony directly or over acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance."


From the foregoing provision of the law, the crime charged against Tanto with respect to the bystander victim was only frustrated murder because she was not killed. If let's say the girl got killed (Thankfully she did not die) like Garalde, Tanto would be charged of multiple murder (consummated na kasi). One count of murder for Garalde and one count of murder for the girl.

[minicarph]

pwede din frustrated lover, dahil sa babae sa car


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[BratPAQ]

pwede din frustrated lover, dahil sa babae sa car


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I read on a report that he was with her 4 years old daughter.

"They then traded invectives, which awakened Tanto’s daughter and made her cry."

Just the thought of having a fistfight and killing someone in front of your daughter. That for me is evil.

Also some inconsistencies in his story, it looks like bati, galit, bati, galit. Geralde even attempted to shake his hands after the fistfight as Geralde saw the PA sticker and thought he was a soldier. But he rejected the handshake.
Quiapo road rage killer sorry: He rejected biker’s handshake | Inquirer News

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[minicarph]

I read on a report that he was with her 4 years old daughter.

"They then traded invectives, which awakened Tanto’s daughter and made her cry."

Just the thought of having a fistfight and killing someone in front of your daughter. That for me is evil.

Also some inconsistencies in his story, it looks like bati, galit, bati, galit. Geralde even attempted to shake his hands after the fistfight as Geralde saw the PA sticker and thought he was a soldier. But he rejected the handshake.
Quiapo road rage killer sorry: He rejected biker’s handshake | Inquirer News

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oh shucks. that is a heartfelt sincere story.

exactly, what would happen in a fight or flight release scenario of adrenalin

well. matapang nga yun biker, maybe trained in martial arts too kaya naghamon. and upon seeing that he has a child with him, he saw an edge, who would know that it will end his life that night? tsk tsk

no judgment here. they're both victims of what they thought pf themselves that night - one loved guns, another loved MMA.

i will not post here anymore.


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[dreamur]

On another note, looking at the picture, magkasingtangkad lang si Bato at si Tonto? [emoji23]

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[_Cathy_]

On another note, looking at the picture, magkasingtangkad lang si Bato at si Tonto? [emoji23]

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Matangkad lang ng konti si bato. Dami talaga pandak ngayon

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[MR_BIG18]

Matangkad lang ng konti si bato. Dami talaga pandak ngayon

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At girly boys

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[kinyo]

kunin nya abogado si estelito ... abswelto yan

[jack_husain]

Matangkad lang ng konti si bato. Dami talaga pandak ngayon

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But our own Bato is tall and has a long neck

At girly boys

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[_Cathy_]

But our own Bato is tall and has a long neck

MR_BIG18

[MR_BIG18]

But our own Bato is tall and has a long neck

Bato-gan

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[attybjmp]

Makikisabat lang po diyan sa road rage issue.

In my legal opinion, vhon tanto shuld be charged of murder. The aggravating circumstance of treachery was present at the time he killed the cyclist (Mark Garalde).

From the revised penal code:

"ARTICLE 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusión temporalin its maximum period to death, if committed with any of the following attendant circumstances:

1. With treachery, taking advantage ofsuperior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.

2. In consideration of a price, reward or promise.

3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity. 5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.

Article 14, par. 16
There is treachery when the offender commits any of the crimes against the person, employing means, methods, or forms in the execution thereof, which tend directly and specially to insure its execution, without risk to himself arising from the defense which the offended party might make."


In the case of Tanto, treachery was present because Garalde was clearly caught off-guard by Tanto's act of using his firearm especially considering that they have already stopped fighting. Garalde probably thought it was already over. The cyclist did not have any chance to defend himself anymore from Tanto's aggression.

At the end of the day, Tanto's fate ultimately depends on the appreciation of the Handling Investigating Prosecutor and the Presiding Judge who would hear the case.