Case Digest (G.R. No. 149652)
Facts:
The case involves SPO2 Eduardo L. Baxinela as the petitioner-appellant and the People of the Philippines as the respondent-appellee. The events leading to the case occurred on October 19, 1996, in Kalibo, Aklan, where Baxinela was charged with homicide for the shooting of Ruperto F. Lajo. An Information was filed against him on February 19, 1997, alleging that he, armed with a handgun, unlawfully shot Lajo, resulting in fatal injuries. The autopsy report detailed multiple gunshot wounds and confirmed that Lajo died from cardiopulmonary arrest due to severe bleeding from the gunshot wounds. Baxinela was arraigned on April 30, 1997, and pleaded not guilty, claiming self-defense during the pre-trial.
During the trial, the defense presented witnesses, including Insp. Joel Regimen, who testified that they were informed of a drunken man with a gun causing trouble at the Playboy Disco Pub. Upon arrival, they recognized Lajo, who allegedly drew his gun first, prompting Baxinela to...
Case Digest (G.R. No. 149652)
Facts:
Incident Overview
On October 19, 1996, SPO2 Eduardo L. Baxinela was charged with homicide for shooting and killing Ruperto F. Lajo at the Superstar Disco Pub in Kalibo, Aklan. The prosecution alleged that Baxinela shot Lajo without justification, while Baxinela claimed self-defense, stating that Lajo had drawn a gun on him.
Defense's Version
- Insp. Joel Regimen testified that he and Baxinela were informed by Romy Manuba about a drunken, armed man causing trouble at the pub. Upon arrival, they saw Lajo with a gun tucked at his waist. When Baxinela confronted Lajo, Lajo allegedly drew his gun, prompting Baxinela to shoot first.
- Romy Manuba corroborated the presence of an armed, drunken man in the pub.
- SPO4 Nepomuceno Legarda testified that he witnessed Baxinela confront Lajo, who then drew his gun, leading to the shooting.
- Baxinela testified that he acted in self-defense, claiming Lajo aimed a gun at him.
Prosecution's Version
- Abelardo Alvarez, a security guard, testified that Baxinela was already in the pub drinking before the incident. He claimed Baxinela approached Lajo from behind, held his shoulder, and shot him as Lajo turned around.
- Rolando Gabriel, another security guard, corroborated Alvarez's testimony, stating that Baxinela shot Lajo without provocation.
- Salvador Advincula, the PNP Desk Officer, testified about the police blotter entry, which indicated that Baxinela shot Lajo as he reached for his wallet.
- Janet O. Lajo, the victim's wife, testified on damages.
Trial Court and Court of Appeals Rulings
The Regional Trial Court (RTC) convicted Baxinela of homicide, considering mitigating circumstances of voluntary surrender and provocation. The Court of Appeals (CA) affirmed the conviction but disallowed the mitigating circumstance of provocation, increasing Baxinela's penalty.
Issue:
- (Unlock)
Ruling:
- (Unlock)
Ratio:
- Credibility of Witnesses: The factual findings of the trial court, affirmed by the CA, are conclusive unless there is a showing of overlooked or misconstrued facts. Baxinela failed to demonstrate any such error.
- Self-Defense: For self-defense to apply, there must be unlawful aggression, lack of sufficient provocation, and reasonable means to repel the aggression. Baxinela failed to prove unlawful aggression, as Lajo was not posing an imminent threat when shot.
- Fulfillment of Duty: While Baxinela was performing his duty as a police officer, the shooting was not a necessary consequence of that duty. Lajo was not resisting, and Baxinela acted negligently.
- Mitigating Circumstances: The Court granted Baxinela the privileged mitigating circumstance of incomplete fulfillment of duty under Article 69 of the Revised Penal Code, reducing his penalty by one degree. The ordinary mitigating circumstance of voluntary surrender was also applied.
- Negligence: Baxinela's actions were negligent, as he failed to follow proper procedures to de-escalate the situation, leading to the unnecessary use of deadly force.
Conclusion:
The Supreme Court upheld Baxinela's conviction for homicide but reduced his sentence due to mitigating circumstances. The Court emphasized that while law enforcement officers face dangerous situations, the use of excessive force cannot be justified when less violent measures are available.