G.R. No. 140065 - Calim vs. Court of Appeals

The petitioner, Benito Calim, a member of the Philippine National Police (Regional Command Intelligence Group VIII, Eastern Samar), was charged with homicide for the killing of Esmeraldo Ty.
The Regional Trial Court, Branch I, Borongan, Eastern Samar, found Calim guilty beyond reasonable doubt and imposed an indeterminate penalty ranging from ten (10) years and one (1) day of prision mayor (minimum) to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal (maximum).
The court also ordered payment of a death indemnity of P50,000.00 and moral damages, initially set at P20,000.00 (later raised to P50,000.00).

On August 14, 1993, at around 12:30 in the morning, the incident occurred near the Bistro Francisco Disco House, Francisco Street, Borongan, Eastern Samar.
According to the information, Calim allegedly attacked, assaulted, and shot Esmeraldo Ty using a .38 caliber handgun, inflicting multiple gunshot wounds.
The prosecution’s narrative described a sequence where Calim, emerging from the disco house, fired from a distance of approximately five (5) meters, striking Ty in the head, chest, and leg.
Eyewitness testimonies, notably from Dennis Apar, Desiderio Alvor, Jr., Eutopia Ty, and District Medical Officer Dr. Norma Villa Macapanas, supported the account that Calim’s shots were deliberate and excessive.
The autopsy report detailed multiple, severe gunshot wounds:

Entrance wounds on the post-auricular area (head), right side of the face, right chest, right arm, and right leg.
The wounds, particularly on the head and chest, were consistent with a fatal assault resulting in massive hemorrhage and skull fracturing.

Prosecution witnesses testified on what they observed during the event, underscoring that Ty was attacked without clearly initiating unlawful aggression.
The victim’s cadaver, examined that same morning, revealed wounds that strongly suggested an intent to kill rather than a reactive, defensive act.
Notably, Calim did not execute any affidavit or counter-affidavit during the preliminary investigation despite repeated notices.

Calim admitted to firing his gun but maintained that his actions were in self-defense.
According to his version, Ty, allegedly armed with a Batangas knife, initiated trouble by puncturing motorcycle tires after a drinking session, and when confronted, attacked Calim.
Calim claimed he fired a warning shot, attempted to disarm Ty by shooting his hand, and eventually shot Ty in the knee and then with three successive shots when cornered.
The defense contended that the use of force was necessary to prevent further harm; however, the prosecution’s evidence and testimony contradicted the necessity and reasonableness of the force applied.

Discrepancies were noted in Calim’s narrative, including the distance between himself and Ty during the final shots, and the failure of Ty’s alleged weapon (the Batangas knife) to be recovered or produced in court.
Calim’s post-incident conduct, notably his immediate departure from the scene towards Tacloban City without notifying authorities, further undermined his claim of self-defense.

Whether the trial and appellate courts erred in rejecting petitioner Calim’s claim of self-defense.
Whether the defense failed to prove the three essential elements of self-defense:

Whether, assuming for argument that complete self-defense does not apply, the lower courts erred in not appreciating the privileged mitigating circumstance of incomplete self-defense.
Whether the evidence could justify a mitigating circumstance that would reduce the gravity of the crime despite the rejection of a full self-defense plea.