Case Summary (G.R. No. 165483)
Petitioner and Respondent
Petitioner: Rujjeric Z. Palaganas
Respondent: People of the Philippines
Key Dates
Incident: Evening of January 16, 1998
RTC Decision: October 28, 1998
Court of Appeals Decision: September 30, 2004
Supreme Court Decision: September 12, 2006
Applicable Law
1987 Philippine Constitution (decision rendered post-1990)
Revised Penal Code (RPC):
• Article 248 (Frustrated Murder) in relation to Articles 6 and 50 (stages of execution)
• Article 249 (Homicide) as amended by R.A. 7659
• Article 11 (Self-Defense)
Omnibus Election Code: Article 22, Section 261 (illegal bearing of firearms during election period)
COMELEC Resolution No. 2958 (regulating firearms during the 1998 election)
Presidential Decree No. 1866, as amended by R.A. 8294 (aggravating circumstance for use of unlicensed firearm)
Indeterminate Sentence Law
Prosecution Version of Facts
• Three Ferrer brothers held a drinking and videoke session at Tidbits Videoke Bar in Manaoag, Pangasinan.
• Jaime Palaganas joined later; an exchange over the song “My Way” escalated into a physical altercation.
• Virgilio Bautista withdrew; Ferdinand Palaganas fled and was pursued by Michael Ferrer; Servillano intervened.
• After pacification inside, the Ferrers discovered a missing wristwatch and went outside.
• Approximately eight meters away, Ferdinand pointed at the Ferrers and said to petitioner, “They are the ones, shoot them.”
• Petitioner fired four shots: one struck Servillano in the abdomen, one struck Michael in the shoulder, and two struck Melton—one in the thigh and one in the head, causing instantaneous death.
Defense Version of Facts
• Rujjeric Palaganas was roused from sleep by Ferdinand and ran toward the bar.
• Ferrer brothers began stoning petitioner and Ferdinand.
• Petitioner disarmed Ferdinand, fired a warning shot into the air, yet stones continued.
• Petitioner, in pain and fearing for his life, discharged the firearm again, unintentionally hitting the Ferrer brothers.
RTC Decision
Criminal Cases No. U-9608 and U-9609 (Frustrated Homicide): Convicted Prision Mayor (12 years) each; awarded actual and exemplary damages to Servillano and Michael.
Criminal Case No. U-9610 (Homicide): Convicted Reclusion Temporal; awarded damages to Melton’s heirs.
Criminal Case No. U-9634 (Election Offense): Acquitted.
Key findings:
• No conspiracy between petitioner and Ferdinand.
• Absence of treachery and evident premeditation.
• Self-defense not established—no actual or imminent danger, and the use of a firearm was disproportionate to stones.
• Use of unlicensed firearm considered a generic aggravating circumstance, offset by voluntary surrender.
Court of Appeals Decision
Affirmed RTC’s conviction with modifications:
• Appreciated voluntary surrender as mitigating circumstance.
• Applied Indeterminate Sentence Law: reduced minimum and maximum penalties.
• Adjusted awards of moral and actual damages.
Issues on Appeal to the Supreme Court
- Whether the Court of Appeals erred in affirming petitioner’s conviction.
- Whether lawful self-defense should have resulted in petitioner’s acquittal.
Supreme Court Analysis and Ruling
Self-Defense
• Unlawful aggression is a prerequisite for self-defense; none existed when petitioner arrived and saw unarmed victims at a safe distance.
• Petitioner had alternative means of avoiding harm (retreat, cover, seek help).
• Disproportionate response: firearm use against stones, resulting in mortal wounds.
• Burden of proof rests on the accused; petitioner failed to prove self-defense by clear and convincing evidence.
Distinction Between Frustrated and Attempted Homicide
• Michael’s single non-mortal gunshot wound allowed prompt discharge same day—cannot be frustrated homicide; properly classified as attempted homicide.
Aggravating Circumstance: Use of Unlicensed Firearm
• Under R.A. 8294 (effective June 6, 1997), use of an unlicensed firearm is a special aggravating circumstance, not generic.
• Cannot be offset by an ordinary mitigating circumstance (voluntary surrender).
• Requires imposition of penalty in its maximum period under Article 64(3) RPC.
Modification of Penalties (Indeterminate Se
Case Syllabus (G.R. No. 165483)
Background and Procedural Posture
- Petitioner Rujjeric Z. Palaganas files a Petition for Review on Certiorari under Rule 45 seeking reversal of the Court of Appeals’ Decision dated 30 September 2004 (CA-G.R. CR No. 22689).
- The appellate court had affirmed with modification the Regional Trial Court (RTC), Branch 46, Urdaneta, Pangasinan Decision of 28 October 1998 in Criminal Cases Nos. U-9608, U-9609, U-9610 and U-9634.
- RTC found petitioner guilty beyond reasonable doubt of Homicide under Art. 249, RPC, and two counts of Frustrated Homicide under Art. 249 in relation to Arts. 6 and 50, RPC; acquitted him of the COMELEC Resolution No. 2958 violation (Art. 22, Sec. 261, Omnibus Election Code).
- Ferdinand Z. Palaganas (petitioner’s brother) was acquitted of all charges at trial.
- Issues on review: (1) whether the Court of Appeals erred in affirming conviction; (2) whether petitioner was entitled to acquittal on the ground of lawful self-defense.
Factual Antecedents
- On 16 January 1998, between 8:00 PM and 11:00 PM, Servillano (“Junior”), Melton (“Tony”) and Michael (“Boying”) Ferrer were drinking and singing at Tidbits Videoke Bar, Manaoag, Pangasinan.
- Jaime Palaganas, Ferdinand Palaganas and Virgilio Bautista joined later; occupying separate tables.
- A dispute erupted over the rendition of “My Way,” culminating in Jaime striking Servillano with the microphone.
- A rumble ensued inside the bar; both groups scuffled; Edith Palaganas intervened.
- As the Ferrer brothers searched for a missing wristwatch, they encountered Ferdinand Palaganas about eight meters away who uttered, “They are the ones, shoot them,” pointing at the Ferrers.
- Petitioner, armed with an unlicensed .38, fired shots: hitting Servillano (abdomen), Melton (head and thigh) and wounding Michael (right shoulder).
- The Ferrer brothers retaliated by throwing stones; petitioner and Ferdinand fled.
- Melton died instantly; Servillano and Michael were hospitalized and survived due to timely medical aid.
Charges and Informations
- Criminal Case No. U-9608: Frustrated Murder of Servillano Ferrer (Art. 248 RPC in relation to Arts. 6 & 50).
- Criminal Case No. U-9609: Frustrated Murder of Michael Ferrer (Art. 248 RPC in relation to Arts. 6 & 50).
- Criminal Case No. U-9610: Murder of Melton Ferrer (Art. 248 RPC, as amended by R.A. 7659).
- Criminal Case No. U-9634: Violation of COMELEC Res. 2958, in relation to Sec. 261, Omnibus Election Code (bearing unlicensed firearm during election period).
Trial Court Findings and Ruling
- No conspiracy between petitioner and Ferdinand; petitioner acted alone in the shooting.
- No qualifying circumstance of treachery or evident premeditatio