Case Digest (G.R. No. 138534)
Case Digest (G.R. No. 138534)
Facts:
People of the Philippines v. SPO1 Virgilio G. Brecinio, G.R. No. 138534, March 17, 2004, Supreme Court Third Division, Corona, J., writing for the Court.The appellant is SPO1 Virgilio G. Brecinio; the appellee is the People of the Philippines. Brecinio was originally charged in the Municipal Trial Court (MTC) of Pagsanjan, Laguna with homicide through reckless imprudence by the PNP Chief of Police of Pagsanjan. After an NBI intervention and a re-investigation by the Office of the Laguna Provincial Prosecutor, the charge was upgraded to murder. He was arraigned on May 21, 1997, and pleaded not guilty.
The Regional Trial Court (RTC) of Santa Cruz, Laguna, Branch 28 (decision penned by Judge Fernando M. Paclibon, Jr.) conducted trial in Criminal Case No. SC-6476. The prosecution relied principally on the eyewitness testimony of inmates Robinson Arbilo and Filomeno Mapalad, Jr.; medical and forensic testimony (municipal health officer Dr. Levy Abad and Dr. Arsenio de Roma); ballistics evidence from the NBI; and testimony by the victim’s sister regarding funeral and related expenses. The witnesses described appellant entering the detention cell while intoxicated, manhandling the inmates, firing two warning shots and then a third shot that struck and fatally wounded inmate Alberto Pagtananan. The ballistic examination matched the recovered slug to a .45 caliber bullet; the post-mortem listed shock and severe internal hemorrhage as cause of death.
Appellant’s defense was that the shooting was accidental: he slipped on a wet floor as he was holstering his service .45, causing it to fall and discharge. The defense also presented a negative paraffin (nitrate) test taken two days after the incident and challenged the credibility of a prosecution eyewitness who had earlier signed a statement allegedly prepared under duress.
On October 15, 1998, the RTC convicted Brecinio of murder, imposing reclusion perpetua and awarding P50,000.00 as civil indemnity and P25,000.00 for wake expenses. The RTC appreciated treachery as a qualifying circumstance and considered voluntary surrender as a mitigating circumstance. Brecinio appealed to the Supreme Court. The Supreme Court Third Division resolved the appeal; Corona, J., authored the opinion.
Issues:
- Did the trial court err in convicting appellant of murder rather than holding that the killing resulted from reckless imprudence (homicide)?
- Was the mitigating circumstance of voluntary surrender properly recognized in appellant’s favor?
- Were the awards of civil indemnity and temperate damages to the victim’s heirs appropriate?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)