Case Digest (G.R. No. 123918)
Facts:
People of the Philippines v. Augusto Loreto Ringor, Jr., G.R. No. 123918, December 09, 1999, Supreme Court En Banc, Purisima, J., writing for the Court.On June 23, 1994, at about 6:00 P.M., Augusto Loreto Ringor, Jr. (accused-appellant) entered People's Restaurant in Baguio City with two companions. According to prosecution witnesses, Ringor approached the table where Marcelino Buslay Florida, Jr. (victim) was seated, pulled his hair and threatened him; after leaving, Ringor returned, brandished a gun, and stealthily entered the kitchen where he allegedly shot Florida several times from behind. The victim later died; autopsy showed multiple penetrating gunshot wounds and cause of death as hypovolemic shock secondary to massive hemorrhage.
Police recovered from Ringor a .38 "paltik" revolver, Serial No. 853169, with six empty cartridges; forensic tests found nitrates on both of Ringor's hands and the recovered slugs matched the seized firearm. Witness Fely Batanes identified Ringor as the shooter; a Joint Affidavit of Arrest was executed.
Ringor admitted firing the shots but claimed self-defense, asserting he disarmed a companion who drew a gun and that the deceased charged at him with a bolo. A joint trial of two informations followed: Criminal Case No. 13102-R for murder (Article 248, RPC, as amended by R.A. No. 7659, with alleged qualifying circumstance of treachery and use of unlicensed firearm) and Criminal Case No. 13100-R for illegal possession of firearms under P.D. No. 1866.
On November 13, 1995, Branch 6, Regional Trial Court, Baguio City (Judge Ruben C. Ayson) rendered judgment in automatic review: it found Ringor guilty of murder and sentenced him to death, and found him guilty of illegal possession of firear...(Subscriber-Only)
Issues:
- Did the Court err in convicting the accused of illegal possession of firearms under P.D. No. 1866?
- Did the Court err in convicting the accused of murder given his claim of self-defense?
- Was the imposition of the death penalty proper, or should the p...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)