Case Summary (G.R. No. 191667)
Factual Background
On the evening of September 25, 1980, the petitioner and Police Pfc. Casiano Quinio were on patrol. The petitioner went to a police checkpoint at Sta. Clara, Batangas, to check on Pfc. Maximo Macaraig, who had failed to report for duty. An altercation ensued between Macaraig and the petitioner, which led to Macaraig confronting the petitioner with a drawn gun. Despite the petitioner's attempts to de-escalate the situation, Macaraig shot the petitioner in the knee. In the ensuing struggle for the firearm, the petitioner was able to disarm Macaraig, leading to a series of shots that resulted in Macaraig's death.
Legal Issues and Findings
The primary legal issue raised by the petitioner involves the claim of self-defense. The Sandiganbayan ruled that the unlawful aggression from Macaraig ceased once the petitioner disarmed him. The court highlighted that after disarming Macaraig, the petitioner had the upper hand and was no longer in a life-threatening situation, negating the justification for self-defense. The court found significant evidence indicating that a considerable time lapsed between the initial aggression and the subsequent shooting, undermining the petitioner's defense.
Credibility of Witnesses
In determining the case, the Sandiganbayan emphasized the credibility of witnesses and the importance of factual findings. Testimonies suggested that there was an appreciable interval between the initial shooting and the subsequent shots fired by the petitioner. The distance between the petitioner and Macaraig during the second incident was corroborated by multiple witnesses, which the court deemed credible.
Legal Standard for Self-Defense
The court underscored the legal requisites for claiming self-defense, noting that unlawful aggression must be present at the time of the purported self-defense. The lack of immediate danger to the petitioner following the disarming of Macaraig negated the self-defense claim, as confirmed by the reasoning of previous jurisprudence cited within the decision.
Application of Mitigating Circumstances
While ruling on the penalty, the court acknowledged that the petitioner was acting within the scope of his duties as a police officer. However, it concluded that he
...continue readingCase Syllabus (G.R. No. 191667)
Case Background
- The petitioner, Fausto Andal, was a corporal in the Batangas Integrated National Police.
- He was found guilty by the Sandiganbayan in Criminal Case No. 2521 for the crime of Homicide.
- Andal was sentenced to one (1) year of imprisonment (prision correccional) and required to indemnify the victim's heirs with P12,000.00 and P20,000.00 for moral damages, along with the costs.
Petitioner's Allegations
- Andal appealed the Sandiganbayan's decision, claiming it erred in rejecting his plea of self-defense.
- He argued that unlawful aggression from the victim ceased after he disarmed him.
Factual Circumstances
- On the night of September 25, 1980, while on patrol with Police Pfc. Casiano Quinio, Andal went to check on a subordinate, Pfc. Maximo Macaraig, at a pier.
- After a brief conversation where Macaraig became upset, tension escalated, leading to Macaraig confronting Andal later that evening.
- Macaraig, armed, pointed a gun at Andal and shot him in the knee.
- In the ensuing struggle, Andal wrested control of the gun from Macaraig, who was subsequently shot twice by Andal.
Critical Events Post-Disarmament
- After disarming Macaraig, An