G.R. No. 150135 - Spouses Algura vs. Local Government Unit of the City of Naga

On April 18, 1994, at about 5:00 PM in Barangay Ambulong, Magdiwang, Romblon, Barangay Captain Percival Orbe, Barangay Kagawad Antonio Macalipay, and Barangay Tanod Melchor Recto (appellant’s cousin) investigated a broken padlock and stolen palay at the Rance couple’s bodega. SPO4 Rafol and SPO1 Male also made inquiries.
Melchor Recto arrived and remained at the scene at Orbe’s request, though he was off duty and on his way home.

Julio Recto (appellant) arrived with six companions (including Cornelio Regis Jr., Dante Regis, Melver Relox). Dante Regis threw wood toward the group; Orbe and Macalipay attempted to pacify them.
Appellant drew a homemade shotgun (“pugakang”) and shot Macalipay at close range, killing him; he then shot and killed Emiliano “Renato” Santos in a subsequent exchange. He also fired at Orbe and Melchor Recto, wounding both as they fled.

Appellant was arraigned on five Informations: two for direct assault with frustrated homicide (Criminal Cases 1970 & 1971), one for direct assault with murder (1972), one for homicide (1973), and one for illegal possession of firearm (1975). He pleaded not guilty.
The Regional Trial Court convicted him on the first four counts: two counts of qualified direct assault with frustrated homicide, one count of qualified direct assault with murder (sentenced to death), and one count of homicide; it also ordered confiscation of the firearms.

Whether appellant validly invoked self-defense or defense of a relative.
Whether the elements of qualified direct assault, treachery, and frustrated homicide were correctly applied.
Whether treachery existed in the killing of Antonio Macalipay.
Whether the crimes and penalties imposed by the trial court should be modified.