Case Digest (G.R. No. L-24546)
Facts:
People of the Philippines v. Isaias Macalisang, G.R. No. L-24546, February 22, 1968, the Supreme Court En Banc, Sanchez, J., writing for the Court.The prosecution charged Isaias Macalisang (accused-appellant) with murder for the fatal shooting of Francisco Dano. The Court of First Instance of Misamis Occidental (Criminal Case No. 5131) convicted appellant of murder and sentenced him to life imprisonment, indemnity of P6,000 to the heirs of the deceased, and costs. Appellant appealed to the Supreme Court in G.R. No. L-24546.
The underlying facts began on the morning of November 14, 1949, in Sinacaban, Misamis Occidental. About 9:00 a.m., Victoriano Simbajon, a defeated mayoral candidate, approached incumbent Mayor Sofronio Avancena and, after an exchange, departed with his party. Later, Mayor Avancena, accompanied by Chief of Police Isaias Macalisang (appellant) and Patrolman Liborio Dominguez, walked toward the highway, where a burst of gunfire mortally wounded Mayor Avancena and critically wounded his companions. For those shootings, Victoriano Simbajon and several others were prosecuted and convicted in separate cases (G.R. No. L-18073-75).
Minutes after that incident, Fr. William Bourke and his houseboy Benjamin Lopez arrived; they administered last rites and placed the wounded appellant in the front seat of their jeep for transport to Ozamis City. While the jeep negotiated a curve in Barrio Casoy, appellant purportedly took his service revolver from his lap, pointed it at Francisco Dano—who was standing at the roadside—and fired. Dano was struck (bullet entered his back and exited his chest), cried out that Chief Macalisang had shot him, and later died in Ozamis City the same day. Benjamin Lopez testified he saw appellant take the gun, aim and fire; Fr. Bourke saw the gun still pointed after the shot; and Perfecta Dano recounted her husband’s statement identifying Macalisang as his assailant.
Appellant defended that he was unconscious or in shock from prior gunshot wounds sustained during the earlier incident (wounds to the genital area and a broken left leg) and therefore could not have intentionally fired at Dano; he produced Dr. Rico Medina, who testified that such injuries could cause momentary unconsciousness but that recovery of consciousness after some minutes was possible and that appellant’s upper extremities could have been under full control. Captain Benjamin Rafols testified that, upon interviewing appellant in the hospital, appellant admitted, “I was the one who shot Mr. Dano,” though Rafols described appellant as confused about the earlier shootout.
The trial court found appellant guilty of murder. On app...(Subscriber-Only)
Issues:
- Was the prosecution able to prove beyond reasonable doubt that appellant fired the shot that killed Francisco Dano (including the admissibility/weight of the victim’s statement identifying the assailant)?
- Does appellant’s claim of unconsciousness or shock, supported by medical testimony, negate criminal responsibility for the fatal shooting?
- Was the killing of Francisco Dano murder qualified by treachery, or was it homicide, and what is the proper penalty considering...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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