Case Digest (G.R. No. 109131-33)
Facts:
People of the Philippines v. Leonito Macagaling y Atillano, G.R. Nos. 109131-33, October 03, 1994, Supreme Court Second Division, Regalado, J., writing for the Court.
The People of the Philippines (plaintiff-appellee) prosecuted Leonito Macagaling y Atillano (accused-appellant) for two killings and for illegal possession of a firearm arising from an incident on May 2, 1991 in Calabasahan, Concepcion, Romblon. Two informations were filed on July 19, 1991 (Criminal Cases Nos. 1814 and 1815 charging murder/homicide) and another on October 29, 1991 (Criminal Case No. 1834 charging illegal possession of firearm and ammunition) before the Regional Trial Court (RTC), Branch 81, Romblon. Appellant pleaded not guilty in the first two cases on August 28, 1991, and in the third on May 28, 1992; the three cases were consolidated and tried under the continuous trial system.
At trial the prosecution’s witnesses — including Antonieto Fabella, Anita Macagaling (mother of deceased Dennis Macagaling), Pfc. Roque Fesalbon (police investigator), and Roger Lacambra — testified that appellant pointed and fired a .38 revolver: the first shot allegedly missed Dennis and hit Teotimo Fameronag; appellant then allegedly yanked Dennis away from his mother, shot him point‑blank at the temple, and fired three more shots at his neck. Pfc. Fesalbon testified he fired warning shots, disarmed appellant, recovered the revolver (serial number ground off), five empty shells and one live bullet, and arrested appellant.
The defense presented an alternate narrative: witnesses (notably William Ferrancullo and others) claimed Dennis was intoxicated and brandishing a gun; that a struggle for the gun ensued between Dennis and appellant and the shooting was accidental. The defense evidence was marked by internal inconsistencies, and the trial court evaluated credibility accordingly. The RTC rendered judgment on September 14, 1992, finding appellant guilty of homicide in Criminal Cases Nos. 1814 and 1815 and guilty of illegal possession in Criminal Case No. 1834 (sentenced to reclusion perpetua), ordering indemnities and confiscation of the firearm.
Appellant appealed to the Supreme Court by petition for review (G.R. Nos. 109131-33). The Court reviewed the trial record, wi...(Subscriber-Only)
Issues:
- Did appellant prove his plea of self‑defense such that the convictions for the killings (Criminal Cases Nos. 1814 and 1815) should be set aside?
- Did the prosecution prove the elements of illegal possession of a firearm and ammunition (Criminal Case No. 1834), specifically the negative averment that appellant had no license or permit?
- Did the RTC deprive appellant of his constitutional right to counsel by appointing coun...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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