Republic of the PhilippinesSUPREME COURTManilaTHIRD DIVISIONG.R. No. 204894 March 10, 2014PEOPLE OF THE PHILIPPINES,Appellee, vs.NOEL ENOJAS y HINGPIT, ARNOLD GOMEZ y FABREGAS, FERNANDO SANTOS y DELANTAR, and ROGER JALANDONI y ARI,Appellants.D E C I S I O NABAD, J.:On September 4, 2006 the City Prosecutor of Las Piñas chargedappellants Noel Enojas y Hingpit (Enojas), Arnold Gomez y Fabregas(Gomez), Fernando Santos y Delantar (Santos), and Roger Jalandoni yAri (Jalandoni) with murder before the Las Pifias Regional Trial Court(RTC) in Criminal Case 06-0854.1PO2 Eduardo Gregorio, Jr. (P02 Gregorio) testified that at around 10:30in the evening of August 29, 2006, he and P02 Francisco Pangilinan(PO2 Pangilinan) were patrolling the vicinity of Toyota Alabang and SMSouthmall when they spotted a taxi that was suspiciously parked in frontof the Aguila Auto Glass shop near the intersection of BF Almanza andAlabang-Zapote Roads. The officers approached the taxi and asked thedriver, later identified as accused Enojas, for his documents. The lattercomplied but, having entertained doubts regarding the veracity ofdocuments shown them, they asked him to come with them to the policestation in their mobile car for further questioning.2Accused Enojas voluntarily went with the police officers and left his taxibehind. On reaching the 7-11 convenience store on the Zapote-AlabangRoad, however, they stopped and PO2 Pangilinan went down to relievehimself there. As he approached the store’s door, however, he cameupon two suspected robbers and shot it out with them. PO2 Pangilinanshot one suspect dead and hit the other who still managed to escape. Butsomeone fired at PO2 Pangilinan causing his death.On hearing the shots, PO2 Gregorio came around and fired at an armedman whom he saw running towards Pilar Village. He saw another man,who came from the Jollibbee outlet, run towards Alabang-Zapote Roadwhile firing his gun at PO2 Gregorio. The latter returned fire but the menwere able to take a taxi and escape. PO2 Gregorio radioed for help andfor an ambulance. On returning to his mobile car, he realized thataccused Enojas, the taxi driver they had with them had fled.P/Insp. Ferjen Torred (Torred), the Chief of Investigation Division of theLas Piñas Police, testified that he and PO2 Teoson Rosarito (PO2Rosarito) immediately responded to PO2 Gregorio’s urgent call.Suspecting that accused Enojas, the taxi driver who fled, was involved inthe attempted robbery, they searched the abandoned taxi and found amobile phone that Enojas apparently left behind. P/Ins. Torred instructedPO3 Joel Cambi (PO3 Cambi) to monitor its incoming messages.3The police later ascertained that the suspect whom PO2 Pangilinan hadkilled was someone named Reynaldo Mendoza who was armed with a .