Case Digest (G.R. No. 138943-44)
Facts:
People of the Philippines v. Henry Almazan, G.R. Nos. 138943-44, September 17, 2001, Supreme Court Second Division, Bellosillo, J., writing for the Court.The case arises from two Informations (Crim. Cases Nos. C-51276 and C-51277) tried jointly pursuant to Sec. 14, Rule 119 of the 1985 Rules on Criminal Procedure charging Henry Almazan with murder (for the killing of Noli S. Madriaga) and with attempted (frustrated, as originally charged) murder (for the shooting of Noel Madriaga). The incident occurred on 28 September 1996 at about 4:00 p.m. in front of Vicente Madriaga’s house in Pag-asa, Camarin, Caloocan City when Almazan, armed with a .38 revolver, confronted a small group playing chess and shot Noli in the trunk (who died) and Noel in the left thigh (who survived).
Prosecution witnesses—Vicente Madriaga, Noel Madriaga and others—identified Almazan as the assailant, narrated that Almazan accused members of the group of stealing his fighting cocks and, after two misfires, deliberately fired at Noli and Noel. The PNP Crime Laboratory’s autopsy (Dr. Ma. Cristina Freyra) established that Noli died of a .38 gunshot wound to the trunk. Dr. Misael Ticman, Noel’s attending physician, testified that Noel’s thigh wound was a minor injury that would heal within a week, although on cross-examination he acknowledged that without treatment infection might ensue.
The defense presented witnesses who blamed Angel Soliva as the shooter and urged that Almazan acted in self-defense during an alleged scuffle over the gun. Almazan and his friend Johnald Molina testified that Angel initially drew and aimed a weapon at Almazan, that a struggle ensued and that Almazan fired only to defend himself; Johnald later recanted reporting to police but volunteered to testify for the defense.
The Regional Trial Court (Joint Decision dated 15 June 1999, penned by Judge Bayani S. Rivera, RTC, Br. 129, Caloocan City) convicted Almazan of murder (Crim. Case No. C-51276) and of frustrated murder (Crim. Case No. C-51277), finding treachery as a qualifying circumstance and appreciating passion/obfuscation as mitigating; it sentenced him to reclusion perpetua for murder and to an indeterminate term for frustrated murder...(Subscriber-Only)
Issues:
- Was the evidence sufficient to sustain the conviction of Henry Almazan for murder in Crim. Case No. C-51276?
- Should the conviction for frustrated murder in Crim. Case No. C-51277 be sustained, or should it be downgraded to attempted murder (or disposed ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)