Case Digest (G.R. No. L-41269-70)
Facts:
Carlos Castanares v. The Honorable Court of Appeals and The People of the Philippines, G.R. Nos. L-41269-70, August 06, 1979, the Supreme Court First Division, Guerrero, J., writing for the Court.Petitioner Carlos Castanares was charged by two separate informations in the Court of First Instance of Rizal with two counts of homicide for the deaths of Manuel and Felizardo Pacheco occurring on February 7, 1967 in Malabon, Rizal. At trial the accused admitted killing the two brothers but pleaded the justifying circumstance of complete self-defense. The trial court rejected self-defense and convicted petitioner, imposing an indeterminate sentence and ordering indemnities to the heirs.
On appeal the Court of Appeals modified only the penalty by recognizing the mitigating circumstance of unlawful aggression and imposed reduced indeterminate terms, otherwise affirming the conviction (Decision dated February 21, 1975). Petitioner’s motion for reconsideration to the Court of Appeals was denied, and he then filed a petition for review with the Supreme Court seeking reversal of the appellate decision and praying for acquittal with costs de oficio.
The factual record contained sharply conflicting versions. Prosecution eyewitnesses testified that petitioner fired on Manuel and then pursued and fatally shot Felizardo, who fell face down; photos and some testimony placed the assailant and victims facing one another. Defense witnesses, including petitioner, described an initial altercation in which Felizardo struck petitioner, then returned with Manuel — Manuel allegedly had a pistol tucked in his waistband and Felizardo a knife — both advanced aggressively; petitioner claimed he wrested Manuel’s gun, was threatened, and fired to repel continuing attacks. Medical testimony established multiple gunshot wounds and bullet trajectories; a dagger was found near Felizardo’s body; petitioner said the gun was lost when his wife brushed it into the river and he late...(Subscriber-Only)
Issues:
- Did petitioner Carlos Castanares act in complete self-defense in the killings of Manuel and Felizardo Pacheco...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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