Case Digest (G.R. No. 120881)
Facts:
People of the Philippines v. Elpidio Germina y Maldo, G.R. No. 120881, May 19, 1998, Supreme Court Second Division, Martinez, J., writing for the Court (Regalado, (Chairman), Melo, Puno, and Mendoza, JJ., concurring). The plaintiff-appellee was the People of the Philippines; the accused-appellant was Elpidio Germina y Maldo.
On November 9, 1994, at about 7:30 p.m. in Marulas, Valenzuela, Elpidio Germina arrived at the home of the Angeles family looking for Raymundo Angeles (the victim). A heated exchange occurred between Germina and Raymundo’s relatives concerning an earlier quarrel involving Germina’s brother. Raymundo later returned; while attempting to flee, he stumbled, fell face down after tripping on a street hump, and was shot by Germina. Witnesses Marcelino Almazan, Gaudencio Angeles (victim’s father), and Ramil Regencia (victim’s neighbor and brother-in-law) testified as to the sequence: Germina drew a revolver, pursued the victim who fell face down, and then fired a single shot that hit the back/right buttock area. Raymundo was taken to Santisimo Rosario General Hospital but died. The autopsy and testimony by Dr. Valentin Bernales (NBI) showed a downward trajectory and an entry wound at the back right buttock without exit wound, indicating the victim was face down when shot.
Germina admitted firing the shot but claimed self-defense: his account (corroborated by his wife, Nida Germina) was that he went to confront Raymundo about an earlier assault on his mentally retarded brother; Raymundo allegedly brandished a double-bladed weapon, threatened to kill them, and, cornering Germina, was about to strike when Germina fired. Germina thereafter voluntarily surrendered to SPO2 Henry Marteja.
The Regional Trial Court (RTC), Branch 171, Valenzuela, found Germina guilty of murder and sentenced him to reclusion perpetua and ordered indemnity (P50,000) and funeral expenses (P51,700). The RTC rejected the self-defense claim, found treachery and evident premeditation, but reduced the penalty from death to reclusion perpetua because it appreciated the mitigating circumstances of v...(Pro-only)
Issues:
- Was treachery established to qualify the killing as murder?
- If treachery was not established, should the conviction be reduced to homicide and what penalties and civil awards should b...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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