Case Summary (G.R. No. 140065)
Charges and Initial Proceedings
Calim was charged with murder through an information filed by the provincial prosecutor on December 21, 1993. The charge detailed that Calim, with intent to kill and evident premeditation and treachery, unlawfully shot Ty multiple times with a .38 caliber revolver, inflicting fatal injuries. Upon pleading not guilty, Calim underwent trial, where the prosecution presented witnesses who detailed the events surrounding Ty's death.
Evidence Presented
Witness testimonies indicated that on the night of the incident, after a drinking session, Calim emerged from the disco and indiscriminately fired his weapon at Ty from approximately five meters away. Ty sustained multiple gunshot wounds, leading to his immediate death. The autopsy report identified severe hemorrhage due to the gunshot wounds as the cause of death.
Defense and Claim of Self-Defense
In his defense, Calim admitted to shooting Ty but argued that he acted in self-defense. He claimed that Ty was armed with a knife and had threatened those around him, including himself. Calim asserted that after shooting a warning shot, Ty attacked him, prompting him to fire at Ty's arm and knee before shooting him in the torso.
Judicial Findings at Trial Court
The trial court did not accept Calim's self-defense claim, asserting that he failed to establish the necessary elements to justify it, primarily the absence of unlawful aggression from Ty. The court found that his actions were disproportionate to any purported threat, highlighting that Calim continued to shoot a significantly wounded Ty.
Court of Appeals Decision
The Court of Appeals affirmed the trial court's decision, concluding that the evidence presented aligned with the prosecution's narrative and contradicted Calim's assertions. The Appeals Court found Calim's account incredible and maintained that self-defense could not be substantiated given the circumstances described, including the number and severity of Ty's wounds.
Legal Principles on Self-Defense
The ruling emphasized the burden of proof on the accused to demonstrate the elements of self-defense: unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation. The courts concluded that Calim's actions did not meet these criteria, particularly as no immediate threat existed given the distance and the nature of Ty's alleged aggression.
Verdict on the Charge
Ultimately, Calim was convicted of homicide as opposed to murder, since elements such as treachery and evident premeditation were not sufficiently established. The courts deemed that the act was not premeditated but constituted culpable homicide based on reckless disregard for human life.
Sentence and Damages Awarded
Calim received a s
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Case Overview
- This case involves a petition for review on certiorari by petitioner Benito Calim against the decision of the Court of Appeals dated August 4, 1999.
- The Court of Appeals affirmed the Regional Trial Court's judgment, which found Calim guilty of homicide and sentenced him to an indeterminate penalty of ten (10) years and one (1) day of prision mayor as minimum to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum.
- Calim was also ordered to pay the heirs of the deceased, Esmeraldo Ty, P50,000.00 as death indemnity and P20,000.00 for moral damages.
Factual Background
- Calim was charged with murder based on an information filed on December 21, 1993, alleging he attacked and shot Esmeraldo Ty on August 14, 1993, with intent to kill, employing evident premeditation and treachery.
- The incident occurred at around 12:30 AM outside Bistro Francisco Disco House in Borongan, Eastern Samar.
- Witnesses for the prosecution testified that Calim, a member of the Philippine National Police, fired multiple shots at Ty, resulting in his death on the spot.
Prosecution's Evidence
- Key witnesses included Dennis Apar, Eutopia Ty, Dr. Norma Villa Macapanas, and Desiderio Alvor, Jr.
- The prosecution's evidence established that Calim shot Ty five times with a .38 caliber revolver, targeting critical areas of the body.
- Dr. Macapanas conducted a post-mortem examination, confirming that Ty died from severe hemorrhage due to multiple gunshot wounds.