Case Digest (G.R. No. 125538)
Facts:
People of the Philippines v. Honorato Navarro, G.R. No. 125538, September 03, 1998, Supreme Court Second Division, Melo, J., writing for the Court. In an Information dated September 27, 1993, Honorato Navarro (accused-appellant) was charged with murder for allegedly shooting Rosendo Espura to death on June 28, 1993 in Brgy. Posadas, Sara, Iloilo.At arraignment the accused pleaded not guilty and trial followed. The prosecution’s evidence (chiefly the testimony of Jocelyn Navarro, the victim’s common-law wife) established that at about 11:00 p.m. on June 28, 1993 Jocelyn and Rosendo were awakened by Leosadi Azusano, who entered their house bleeding. Leosadi had been struck earlier by Renato Navarro (the accused’s son). As Rosendo went outside to assist Leosadi, Honorato Navarro and Renato followed. Jocelyn testified that Honorato stood about five meters from Rosendo and shot him twice, the second shot fired after Rosendo had fallen and was prostrate; Jocelyn identified Honorato as the shooter and told arriving policemen the same. Police photographed the scene and sought empty shells.
The accused admitted firing the shots but asserted justifying circumstances: self-defense and defense of strangers, alleging Leosadi had been attacking his house and that Rosendo approached him carrying a hand grenade and threatened his life. The trial court found the accused guilty of Murder under Article 248, R.P.C., and sentenced him to reclusion perpetua, ordered damages to the heirs, credited preventive detention, and directed commitment to the National Penitentiary; the decision was rendered August 21, 1995. The accused appealed to the Supreme Court (G.R. No...(Subscriber-Only)
Issues:
- Did the accused sustain his burden of proving self-defense and defense of strangers?
- Was the killing qualified by treachery so as to constitute murder under Article 248, R.P.C., or should it be downgraded to homicide under Artic...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)