A.M. No. MTJ-94-979 - Agcaoili vs. Molina

On December 1, 1984, at approximately 11:30 p.m., Navy Captain Eladio C. Tangan was driving alone on Roxas Boulevard heading south after completing an intelligence operation from Buendia Avenue.
Meanwhile, Generoso Miranda, a 29-year-old optometrist, was driving in the same direction on the same boulevard, accompanied by his uncle, Manuel Miranda, coming from the Ramada Hotel.
Generoso was ahead of Tangan when the events that followed unfolded.

A group threw firecrackers in front of Generoso’s vehicle, causing him to swerve and inadvertently cut across Tangan’s path.
Tangan reacted by honking repeatedly. Generoso slowed his pace to allow Tangan to pass.
Tangan then accelerated to overtake Generoso but, upon getting ahead, reduced his speed, leading Generoso to attempt overtaking on the right lane several times.
As the vehicles approached Airport Road, Tangan slowed to execute a U-turn. Generoso passed him, and both parties eventually parked their cars and exited.

Near Tangan’s parked car, an exchange ensued between the two parties during which Generoso shouted profanities at Tangan.
Tangan responded with counter remarks and, in the process, retrieved his .38 caliber handgun lying on the front seat of his car.
A physical altercation broke out as the Mirandas and Tangan grappled over control of the firearm.
According to conflicting accounts:

Prosecution witnesses claimed that Tangan pointed the gun at both Generoso and Manuel Miranda before discharging a shot that struck Generoso’s stomach at close range.
The defense argued that, after Tangan retrieved his gun, a struggle ensued which led to the weapon falling to the ground and accidentally discharging.

Tangan fled the scene, securing passage in a policeman’s patrol car.
Generoso, gravely wounded, was attended to by bystanders and his uncle, but later died en route to the Philippine General Hospital.

Tangan was initially charged with murder with the use of an unlicensed firearm. Upon reinvestigation, the charge was amended to homicide with the use of a licensed firearm, and he was separately charged with illegal possession of an unlicensed firearm.
At arraignment, Tangan pleaded not guilty in the homicide case and moved to quash the information on illegal possession of an unlicensed firearm; however, this motion was denied.
The trial court subsequently acquitted him of the illegal possession charge but convicted him of homicide, considering mitigating circumstances such as incomplete self-defense, sufficient provocation, and passion and obfuscation.
Tangan was sentenced to an indeterminate penalty ranging from two (2) months of arresto mayor to two (2) years and four (4) months of prision correccional, along with civil indemnities to the victim’s heirs, attorney’s fees, and funeral expenses.
On appeal, the Court of Appeals affirmed the trial court’s decision but modified the award of civil indemnity, increasing it to ₱50,000.00.
Subsequent petitions for certiorari by the Solicitor General and a separate petition for review by Tangan were filed, consolidated, and eventually resolved by this Court with further modifications to the sentencing.

Whether Tangan intentionally fired the gun during a struggle over its possession or if the fatal shot was the result of an accidental discharge as claimed by the defense.
The credibility and conflicting testimonies of the witnesses regarding the sequence of events during the altercation.

Whether Tangan’s actions can be excused or mitigated by incomplete self-defense, considering he did not invoke self-defense at trial but instead claimed that the shooting was accidental.
Whether the mitigating circumstances, including sufficient provocation and passion and obfuscation, were factually established to warrant a reduction in criminal liability.

Whether the petition for certiorari by the Solicitor General, which sought to negate mitigating circumstances and increase the penalty, violated the principle of double jeopardy since Tangan had already been convicted in a final judgment.
The appropriateness of using the writ of certiorari in a criminal case to challenge the trial court’s factual findings.

The correct application of penalties under the Revised Penal Code and related statutes, including whether the use of an unlicensed firearm should aggravate the offense.
The consideration of retroactive rules and the Indeterminate Sentence Law in imposing the penalty on Tangan.