G.R. No. 168550 - Moreno vs. Commission on Elections

On October 3, 1946, six prisoners from the provincial jail of Samar were assigned to work in the plaza of the provincial capitol.
The prisoners were later permitted by their guard, Ignacio Lagata, to gather gabi in the nursery near the provincial hospital.
During the gathering, it was discovered that prisoner Epifanio Labong was missing, prompting Lagata to order a search.

Eusebio Abria testified that while at the nursery with the other prisoners, he observed footprints leading toward a camote plantation.

Abria recounted that, after Lagata ordered a search for Labong, he was shot by Lagata when only about three to five meters away.
Abria’s plea of “Mano, I am wounded,” was met with Lagata’s call for assembly.

Ceferino Tipace testified that while picking gabi, he was shot when only two to four meters from Lagata.

Tipace’s account stressed that at the time of the shooting his body orientation was toward Lagata, and he did not appear to be making an attempt to escape.

Mariano Ibanez, a detained prisoner, and Eustaquio Galet provided corroborative details regarding the sequence of events, including:

The scattering of the prisoners upon hearing gunshots.
The observation of Lagata ordering and directing the search for Labong.
The subsequent medical treatment of Abria, including the amputation of his left arm.

Additional testimony from Pedro Mayuga attested to the severe nature of Abria’s gunshot wound, describing extensive tissue destruction and evidence of a close-range shot.

He observed Lagata supervising the prisoners from a distance of about seven to eight meters during the collection of gabi.
Saludario’s account noted that no gunshot was heard in the nursery at the time, and he later learned about Labong’s disappearance.

He recounted accompanying the prisoners and directing them to gather gabi, keeping a watchful eye from under a mango tree.
When he discovered Labong was missing, Lagata ordered a search and, amid the panic and scattering of the prisoners, fired his gun in the air and at specific individuals (Abria and Tipace).
He explained that his actions were motivated by the fear of repercussions should any prisoner escape under his custody, noting that similar cases had led to dismissal or prosecution of other guards.

Reclusion Perpetua for murder, along with civil interdiction and disqualification, plus indemnity to the heirs of Tipace.
An indeterminate imprisonment for serious physical injuries, falling within prescribed minimum and maximum penalties.
An indeterminate term of arresto mayor for evasion through negligence, again within established minimum and maximum ranges.

Medical reports confirmed that Abria’s wounds were consistent with a close-range gunshot; the arm was amputated due to total tissue and bone destruction.
Forensic evidence, including the exhumation of Tipace’s body, revealed a through-and-through gunshot wound indicative of the fatal shot.

Whether Ignacio Lagata’s decision to fire his weapon, resulting in the wounding of Abria and the death of Tipace, was justified under the circumstances.
Whether the guard’s actions could be excused as necessary to prevent an escape or if they constituted an abuse of duty.

Whether Lagata’s failure to adequately supervise the prisoners—especially in a location conducive to escape—amounted to criminal negligence punishable under Article 224 of the Revised Penal Code.
Whether the lapse leading to Epifanio Labong’s escape should be imputed as a distinct offense.

The discrepancy between Lagata’s testimony concerning circumstances of the shooting and the corroborative, yet conflicting, narratives of the prosecution witnesses.
The implications of the testimonies on determining whether the shooting was an act of legitimate self-preservation or an overreaction to a perceived threat.