Case Digest (G.R. No. 224900)
Facts:
People of the Philippines v. Nestor M. Bugarin, G.R. No. 224900, March 15, 2017, Supreme Court Second Division, Peralta, J., writing for the Court.The accused-appellant is Nestor M. Bugarin; the prosecution is the People of the Philippines. Informations were filed charging Bugarin with two counts of murder (Criminal Case Nos. CBU-83610 and CBU-83611) and one count of attempted murder (Criminal Case No. CBU-83613) for shootings that occurred on May 30, 2008 at about 8:50 p.m. in Cebu City. The informations alleged, among other things, that the accused was armed with an unlicensed firearm and that the killings were attended by treachery and evident premeditation.
At arraignment Bugarin pleaded not guilty but admitted firing the shots; he asserted self-defense and, under Section 11(e), Rule 119 of the Rules of Court, elected a reverse trial. The prosecution presented witnesses including the lone surviving victim, Maria Glen Neis Pontanar; the defense presented Bugarin and other witnesses. The Regional Trial Court (RTC), Branch 12, Cebu City, rendered a Joint Judgment dated July 5, 2012, finding Bugarin guilty beyond reasonable doubt of double murder and attempted murder, and imposed reclusion perpetua in the murder cases plus indemnities and other damages; the RTC treated the use of an unlicensed firearm as a special aggravating circumstance.
Bugarin appealed to the Court of Appeals (CA). In CA-G.R. CEB-CR-HC No. 01530, the CA issued a Decision dated July 31, 2015 that denied the appeal and affirmed the RTC judgment with modifications: it affirmed guilt in CBU-83610 (murder) and increased exemplary damages; it reduced the conviction in CBU-83611 to homicide (altering the penalty and monetary awards); and reduced CBU-83613 to attempted homicide (adjusting ...(Pro-only)
Issues:
- Did the accused prove self-defense by clear and convincing evidence to exculpate him from the charged crimes?
- Were the killings of Cristito and Esmeraldo Pontanar, and the shooting of Maria Glen Neis Pontanar, attended by the qualifying circumstance of treachery so as to constitute murder/attempted murder rather than homicide/attempted homicide?
- Was the use of an unlicensed firearm a special aggravating circumstance applicable to all three cases, and what are ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)