G.R. No. 186027 - Republic vs. Mercadera

People of the Philippines as plaintiff-appellee and Gerardo Sazon, alias "Insik," as accused-appellant.
Accused and Cornelio Altejos were charged with murder in an amended information dated October 18, 1983 before the Regional Trial Court of Iloilo.
Only Gerardo Sazon was arraigned; he pleaded not guilty; Cornelio Altejos remained at large.
Trial court found accused guilty of murder and imposed reclusion perpetua and ordered civil indemnities including P16,628.40 for expenses, P30,000.00 as death indemnity, and attorney's fees.

On September 15, 1983, in Barangay Progreso, Lapuz, La Paz, Iloilo City, accused accosted and boxed Ernesto Romualdez for allegedly circulating rumors of theft.
Wilfredo Longno, alias "Inday," aided Romualdez, pushed accused away; accused warned Longno, “I will kill you”; Longno retorted.
On September 17, 1983 at about 8:00 P.M., accused and Cornelio Altejos were at Gloria Aposaga’s store drinking when Longno passed by; accused and Altejos followed Longno.
Longno joined a group at a bench by the public faucet; accused accosted and pointed a gun at Longno and asked, “What are you going to do?”
Longno allegedly challenged accused to shoot; accused fired, hitting Longno in the left forearm.
As accused and Longno grappled for the gun, Altejos stabbed Longno in the chest; both accused and Altejos fled.
Longno called out that he had been shot by Insik and stabbed by Toto, ran about thirty meters, collapsed, was taken to St. Paul’s Hospital, and died; cause of death was hemorrhage secondary to stab wound.

Accused admitted to shooting Longno but alleged complete self-defense.
Accused claimed Longno drew a revolver, fired at him causing injury to accused’s left finger, and accused parried the weapon, shot Longno in the forearm, and thereafter grappled for the gun.
Accused asserted Altejos intervened, shouted he had stabbed Longno, and accused fled; defense presented eyewitness Jose Randera supporting self-defense theory with variations.

Testimony showed inconsistencies between accused and defense witness Randera regarding whether they grappled for one or two guns and who held which weapon.
Trial court found Randera’s testimony unreliable and noted his prior threats by deceased and falsifications about wounds and the number of witnesses present.
Paraffin (gunpowder residue) tests by forensic chemist Zenaida Sinfuego showed:

Whether accused proved complete self-defense by establishing unlawful aggression by the deceased.

Whether the trial court erred in convicting accused of murder rather than homicide.
Whether the prosecution proved conspiracy between accused and Altejos.
Whether the aggravating circumstances of evident premeditation and abuse of superior strength were present.
Whether treachery was present as a qualifying circumstance.

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