Case Digest (G.R. No. 215748)
Facts:
People of the Philippines v. Paul M. Duran, Jr. y Mirabueno, G.R. No. 215748, November 20, 2017, Supreme Court Second Division, Caguioa, J., writing for the Court.The criminal Information charged accused-appellant Paul M. Duran, Jr. with Murder under Article 248 of the Revised Penal Code (alleging use of an unlicensed firearm, treachery and nocturnity) for the January 9, 2009 killing of Gilbert N. Grimaldo in Rosario, Cavite. Upon arraignment Duran pleaded not guilty. Duran later invoked the justifying circumstance of self-defense at trial.
At trial the prosecution presented three witnesses: eyewitness Beverly C. Quilana, the victim’s widow Berly L. Grimaldo (whose testimony on damages was stipulated and dispensed with), and Dr. Jocelyn Dignos, the municipal health officer who performed and whose autopsy findings were stipulated. Quilana testified that at about 1:48 a.m. she was awakened by her godson Grimaldo calling for help; when she opened the door she saw Duran shoot Grimaldo from behind at about 2½ feet, hitting the nape, after which Duran allegedly passed between houses, returned and shot the victim three more times. Quilana identified Duran in court and said the area was lit by an outside fluorescent bulb.
Duran testified he was a fish peddler who, while returning to buy fish, was blocked by two men; Grimaldo allegedly pointed a gun at him and tried to take his money, they wrestled and Duran claimed he disarmed Grimaldo, after which he fired the revolver because he feared the companion might retaliate. He testified he fired four times (three frontal, one at the back). The post‑mortem report showed three bullet wounds consistent, in the Court’s view, with Duran’s account.
The Regional Trial Court (RTC), Branch 88, Cavite City, convicted Duran of Murder qualified by treachery and sentenced him to reclusion perpetua, ordering moral and exemplary damages. Duran appealed to the Court of Appeals (CA), which, in CA-G.R. CR-HC No. 05496, First Division, affirmed the RTC’s conviction and disposition in a Decision dated June 2, 2014. Duran then ...(Pro-only)
Issues:
- Was the justifying circumstance of self-defense (i.e., unlawful aggression) proven by the accused?
- Did the prosecution prove the qualifying circumstance of treachery so as to sustain a conviction for Murder rather ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)