Case Digest (G.R. No. L-65913)
Facts:
Renato B. Torres v. The Honorable Sandiganbayan and the People of the Philippines, G.R. No. 65913, July 28, 1986, the Supreme Court En Banc, Feria, J., writing for the Court. Petitioner Renato B. Torres, then a patrolman in the Metropolitan Police Force, Southern Police District, was assigned with Corporal Ruben Onelia to direct traffic at C. Jose Street and EDSA in Pasay City on April 5, 1982. At about 5:30 p.m. he observed the victim, Danilo Rivera, operating a motorcycle in a zigzag manner; Torres signaled Rivera to pull over, asked for his license, and attempted to take him to the police station after Rivera refused and the two exchanged heated words.According to the uncontroverted statement of facts, Rivera drew a six-inch bladed knife (“tusok”) and twice lunged at Torres; Torres retreated, drew his service revolver, warned Rivera that he would shoot if attacked again, and, as Rivera apparently lost his balance on a second thrust, shot him in the back. Torres immediately brought Rivera to Pasay City General Hospital, then surrendered at police headquarters, turning over his revolver and the knife. Rivera died; autopsy showed a fatal left-back gunshot wound. Torres was charged with homicide on April 7, 1982.
The Sandiganbayan tried the case and, on December 12, 1983, convicted Torres of homicide under Article 249 of the Revised Penal Code, appreciating voluntary surrender and the victim’s sufficient provocation as mitigating circumstances and imposing an indeterminate term with attendant civil damages. Torres did not move for reconsideration before the Sandiganbayan; instead he filed a petition for review on certiorari with the Supreme Court on January 30, 1984, contending chiefly that the Sandiganbayan wrongly rejected his claim of self-defense (unlawful aggression and reasonable necessity), improperly dismissed self-defense because he sustained no scratch, and erred in awarding civil damages...(Pro-only)
Issues:
- Was petitioner Torres justified by the justifying circumstance of self-defense (i.e., were all requisites of self-defense present)?
- If full self-defense was not established, should Torres’s conviction and penalty be modified on the basis of incomplete self-defense and applicable mitigating c...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)