Case Summary (G.R. No. 225595)
Petitioner
Prudencio Ganal, Jr., charged with homicide for shooting Julwin Alvarez.
Respondent
People of the Philippines.
Key Dates
- May 20, 2013: Incident date
- July 5, 2013: Information filed
- December 19, 2017: RTC conviction
- March 27, 2019: Court of Appeals decision
- July 2, 2019: CA resolution denying reconsideration
- December 2, 2020: Supreme Court decision
Applicable Law
- 1987 Philippine Constitution
- Article 11, Revised Penal Code (justifying circumstances)
Factual Background
On May 20, 2013, petitioner and two companions were drinking at petitioner’s residence when neighbor Angelo Follante arrived drunk and provoked a fight. Stones were exchanged; petitioner repelled Angelo, who left. Shortly thereafter, stones were hurled at petitioner’s and his father’s houses. Julwin Alvarez appeared with stones in hand, entered the gate, and struck petitioner’s father in the chest, rendering him unconscious.
Charge and Arraignment
By information dated July 5, 2013, petitioner was charged with homicide for firing a handgun at Julwin, inflicting multiple gunshot wounds that caused death. He pleaded not guilty and went to trial.
Defense’s Version
Petitioner admitted the killing but claimed self-defense and defense of his father. He testified that after witnessing his father’s assault and enduring threats from Julwin—who advanced wielding stones and a concealed knife—he discharged a warning shot, then fired more rounds when Julwin persisted in approaching with lethal intent. Petitioner immediately surrendered to police.
Prosecution’s Version
The prosecution contended that Julwin went unarmed to petitioner’s house at Angelo’s behest and that the first shot struck Julwin unexpectedly. They argued that the means used were excessive and that unlawful aggression by Julwin was not sufficiently proven.
Trial Court Ruling
The Regional Trial Court convicted petitioner of homicide, rejecting self-defense and other justifications on the ground of disproportional force (five gunshot wounds and two lacerations). It credited mitigating circumstances of passion and obfuscation and voluntary surrender, imposed an indeterminate sentence (6 years minimum to 10 years maximum), and awarded civil indemnity and damages.
Court of Appeals Ruling
The Court of Appeals affirmed the RTC decision in full, finding no reversible error in the rejection of justifying circumstances and upholding the penalty and damages.
Issues on Supreme Court Review
Petitioner invoked Rule 45 to challenge the appellate rulings, asserting that Julwin’s unlawful aggression, the reasonable necessity of lethal force, and lack of provocation warranted acquittal under the justifying circumstances of self-defense and defense of an ascendant.
Supreme Court’s Analysis
Applying Article 11 of the Revised Penal Code under the 1987 Constitution, the Court examined:
- Unlawful aggression—established by Julwin’s material attacks (stone-throwing, gate-forcible entry, f
Case Syllabus (G.R. No. 225595)
Case Reference
- G.R. No. 248130, Second Division; LAZARO-JAVIER, J., Decision promulgated December 2, 2020.
- Petition for Review under Rule 45 assailing the Court of Appeals’ Decision dated March 27, 2019 and Resolution dated July 2, 2019 in CA-G.R. CR No. 41105.
Procedural History
- July 5, 2013: Information filed in RTC, Branch 3, Tuguegarao City, charging petitioner with homicide of Julwin Alvarez.
- RTC: Petitioner pleaded not guilty; admitted killing but invoked self-defense and defense of relative; found guilty of homicide, mitigating circumstances applied but denied self-defense; imposed indeterminate sentence and awarded damages.
- CA: Affirmed RTC Decision and denied petitioner’s motion for reconsideration.
- SC: Petitioner elevated case via Rule 45, seeking reversal of conviction on ground of justifying circumstances.
Facts
- Defense Version
- May 20, 2013, evening: Petitioner and companions were drinking in Santor, Baggao, Cagayan.
- Drunk neighbor Angelo arrived uninvited, was refused entry; attempted to attack petitioner with stones; was driven off.
- Thirty minutes later, stones were hurled at petitioner’s and his father’s houses. Angelo returned with his uncle, Julwin Alvarez.
- Julwin threatened to kill petitioner’s family, pushed open the gate, struck Ganal Sr. on the chest with a stone, rendering him unconscious.
- Petitioner fetched his handgun and fired a warning shot; Julwin, armed with stones and a concealed knife, advanced despite threats.
- Petitioner fired a shot at Julwin; when Julwin persisted and threatened further, petitioner emptied the remaining rounds.
- Victim fell dead within a meter of petitioner’s door. Petitioner voluntarily surrendered to police, handed over his firearm, and admitted the killing.
- Prosecution Version