Facts:

The case involves SPO2 Lolito T. Nacnac as the petitioner against the People of the Philippines as the respondent. The events leading to the case transpired on February 20, 2003, in Dingras, Ilocos Norte, where Nacnac, a member of the Philippine National Police assigned to the Dingras Police Station, was charged with homicide for the shooting death of SPO1 Doddie Espejo. The Information alleged that Nacnac willfully and unlawfully shot Espejo with intent to kill. The incident occurred during a police shift that began at 8:00 AM and ended the following morning. On the night of the incident, Espejo, who had a history of violent behavior and was reportedly intoxicated, attempted to take a patrol tricycle without permission. Nacnac, as the officer-of-the-day, stopped Espejo, who responded with a vulgar insult and subsequently drew his firearm. Nacnac fired a warning shot into the air, but Espejo continued to draw his weapon, prompting Nacnac to shoot him in the head, resulting in...

Facts:

Background of the Incident

• The accused, SPO2 Lolito T. Nacnac, was a police officer assigned to the Dingras Police Station in Ilocos Norte.
• The victim, SPO1 Doddie Espejo, was also a police officer with a history of violent behavior and drunkenness.
• On February 20, 2003, both the accused and the victim were on duty at the police station.

The Shooting Incident

• Around 10:00 p.m., the victim, along with SPO1 Eduardo Basilio, attempted to take a patrol tricycle to go to Laoag City to settle a personal dispute.
• The accused, as the officer-of-the-day, ordered them not to take the tricycle, stating that the victim was needed at the station and was drunk.
• The victim responded with an insult in Ilocano: "Iyot ni inam kapia" (Coitus of your mother, cousin!).
• The victim alighted from the tricycle, drew his .45 caliber gun from his holster, and pointed it at the accused.
• The accused fired a warning shot upward with his M-16 armalite, but the victim continued to draw his gun.
• The accused then shot the victim in the head, causing his instantaneous death.

Post-Incident Actions

• The accused surrendered to the Chief of Police after the shooting.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Unlawful Aggression:

   • The Court held that the victim’s act of drawing and pointing his gun at the accused constituted unlawful aggression.
   • The victim, being a trained police officer, posed a real and immediate threat to the accused’s life, especially given his drunken and combative state.
   • The accused’s warning shot was ignored, and the victim’s actions demonstrated an imminent danger to the accused’s life.

2. Reasonable Means Employed:

   • The Court found that the accused’s use of his M-16 armalite to shoot the victim once in the head was a reasonable and proportionate response to the threat posed by the victim.
   • The lone gunshot wound supported the claim that the accused acted in self-defense.

3. Lack of Sufficient Provocation:

   • The Court ruled that the accused did not provoke the victim. The accused had given a lawful order and fired a warning shot before shooting the victim.
   • There was no evidence that the accused provoked the victim prior to the shooting.

4. Prosecution’s Failure to Prove Guilt Beyond Reasonable Doubt:

   • The Court emphasized that the prosecution failed to establish the accused’s guilt beyond a reasonable doubt.
   • The Office of the Solicitor General (OSG) also supported the accused’s acquittal, citing the peculiar circumstances of the case.

Conclusion:

• The Supreme Court acquitted SPO2 Lolito T. Nacnac of homicide, ruling that he acted in self-defense.
• The Court ordered his immediate release from custody unless he was being held for another lawful cause.