Case Digest (G.R. No. 105391)
Facts:
The People of the Philippines v. Sotero Reyes Alias Turing, G.R. Nos. 137494-95, October 25, 2001, the Supreme Court En Banc, Mendoza, J., writing for the Court.
The prosecution charged Sotero Reyes (accused-appellant) with murder (Criminal Case No. 8773) and illegal possession of firearms and ammunitions (Criminal Case No. 8774) for the August 19, 1996 killing of Nicasio Atienza in Sitio Gulod, Barangay Laurel, Mabini, Batangas. The murder information alleged that Reyes, armed with a carbine, with intent to kill and with treachery and evident premeditation, shot Atienza repeatedly, causing his death. The illegal-possession information alleged possession of one carbine and four live ammunitions without the necessary license, and noted that the firearm was used in the killing.
At trial the prosecution presented six witnesses (including eyewitness Roman Dalisay, police officers who processed the scene, the municipal health officer who performed a limited postmortem, and a firearms records verifier) and documentary evidence (empty shells, crime-scene photos, sworn statements, Barangay agreement, death certificate, and a PNP firearms certificate showing no license). Roman Dalisay testified that Reyes confronted him and Atienza on a narrow pathway, ordered Atienza (Manny) to drop to the ground, then fired; Dalisay dived and heard a succession of shots; when he returned Atienza was already dead. The postmortem (visual) found multiple gunshot wounds and listed cause of death as shock and internal hemorrhage due to multiple gunshot wounds. Toribio Atienza (brother of the deceased) testified to a longstanding feud between the families, but admitted lack of personal knowledge of some prior incidents.
Reyes testified as the sole defense witness. He admitted shooting and causing Atienza’s death but claimed self-defense, saying he had warned Atienza by firing into the ground, that Atienza then drew a bolo and used Roman as a shield, and that he fired because he perceived an imminent threat. The trial court (Regional Trial Court, Branch 4, Batangas City, Judge Conrado R. Antona) consolidated the two cases, found Reyes guilty of murder and illegal possession, imposed the death penalty for murder, imposed accessory penalties and fines for illegal possession, and ordered indemnity to the heirs.
The case came to the Supreme Court on automatic review of the R.T.C. decision. On appeal Reyes did not challenge the illegal-possession conviction but sou...(Subscriber-Only)
Issues:
- Was the killing qualified by treachery so as to constitute murder rather than homicide?
- May R.A. No. 8294 (amending treatment of unlicensed firearms) be applied retroactively so as to treat the use of an unlicensed firearm as merely an aggravating circumstance and avoid separate punishment for illegal possession?
- What civil liabilities and damages should be imposed on the a...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)