G.R. No. 130397 - People vs. Diego

Accused-appellant Godofredo Diego and co-accused Honorato Galvez were originally charged with homicide and two counts of frustrated homicide before the RTC of Malolos, Bulacan; later, the venue was transferred to the Quezon City RTC where charges of murder and two counts of frustrated murder were filed.
A separate information was subsequently filed against Galvez for carrying a licensed firearm outside his residence without a permit.

At approximately 8:00 in the morning, Godofredo Diego visited Miguel Vinculado’s residence and mentioned that some coconut trees on his lot were to be cut for a road widening project.
Miguel Vinculado, accompanied by his nephews Levi and Alvin, went to the project site (about 300 meters from the house) where they met former Barangay Captain Osmundo Eguia, photographer Angel Mano, and Mayor Honorato Galvez.
Miguel registered his objection to the expropriation of his land, asserting that his family had previously donated land to the municipal government.

After initial discussions, Miguel and Levi returned home while Alvin went elsewhere, only to later return and report that the coconut trees had been cut.
Upon revisiting the site with photographic equipment, Miguel and his nephews witnessed Mayor Galvez supervising the road widening.
A heated exchange ensued when Mayor Galvez questioned Miguel about the possession of the recording devices, leading to aggressive verbal exchanges (including profanities) between the parties.

Mayor Galvez, in an attempt to seize the equipment from Miguel and Levi, drew his handgun and engaged in a physical confrontation.
During the chaos, gunshots were fired:

Mayor Galvez shot Miguel Vinculado, and Diego fired an armalite rifle at Miguel, Levi, and Alvin.
As a result, Levi sustained multiple gunshot wounds (including injuries to his face, chest, shoulder, dislocated mandible, and partial loss of vision), Miguel sustained non-fatal injuries, and Alvin died from four gunshot wounds on his back.

Godofredo Diego claimed that he had initially been heading to the Municipal Hall and returned upon hearing of the altercation, discovering the Vinculados' van empty except for a loaded armalite rifle which he reportedly found due to his not bringing his own firearm.
Diego testified that he fired a warning shot after perceiving Alvin to be drawing a weapon, and subsequent events led him to shoot when Miguel and Levi confronted him.
After the shooting, Diego fled the scene, hiding in Gubat, Sorsogon for four days before surrendering to the authorities.
During trial, Diego pleaded not guilty, asserting that he acted in self-defense and in defense of others.

Accused Godofredo Diego was convicted beyond reasonable doubt of murder (for the killing of Alvin Vinculado) and double frustrated murder (for the wounding of Miguel and Levi Vinculado).
Aggravating and mitigating circumstances were considered: voluntary surrender was noted as a mitigating circumstance.
Penalties were imposed varying from Reclusion Perpetua for murder to imprisonment periods for the frustrated murders.
Diego was also ordered to pay civil damages covering actual damages, civil indemnity, moral damages, and attorney’s fees.
Accused Honorato Galvez was acquitted due to insufficient evidence of the charged offenses, including the absence of evidence violating the firearm law.

Whether Godofredo Diego’s actions were justified as an act of self-defense and defense of a stranger in response to the alleged aggression by the Vinculados.
Whether the evidence supports a finding of an immediate threat or unlawful aggression that would necessitate the use of lethal force.

Whether the trial court erred in finding that Diego’s actions were not justified and that he intentionally used excessive force.
Whether physical evidence and witness testimonies sufficiently contradicted Diego’s claims regarding the presence of a revolver or knife and an imminent threat.

Whether the amounts awarded for actual damages, moral damages, and attorney’s fees were in accordance with prevailing jurisprudence.
Whether the modifications imposed on damages (reductions) were justified.