Case Summary (G.R. No. 134072-73)
Charges and Verdict
Constancio Candido y Collarga was charged in two criminal cases: Criminal Case No. Q-94-58986 for murder and Criminal Case No. Q-94-58985 for illegal possession of firearms. On June 22, 1998, the Regional Trial Court found him guilty of both crimes. He was sentenced to death for murder and to serve imprisonment for the illegal possession of a firearm, with modifications in sentencing to follow upon appeal.
Incident Overview
The murder charge arose from an incident on October 9, 1994, when Collarga is alleged to have shot Nelson Daras multiple times with a .38 caliber revolver. The prosecution presented eyewitness accounts detailing how Collarga approached Daras from behind and shot him immediately and again while he was on the ground, demonstrating intent and premeditation.
Prosecution Evidence
Eyewitness testimonies from Perlita Baldoza and Ruben Aliaga recounted the shooting, establishing that Collarga fired at Daras without prior provocation. Baldoza noted that Collarga had arrived at the scene looking for someone and had positioned himself before shooting the victim. Testimonies were also corroborated by police officers who apprehended Collarga and confiscated the weapon, which was unlicensed.
Autopsy Findings
The autopsy conducted by Dr. Bienvenido O. Muñoz revealed that Daras suffered multiple gunshot wounds, concluding that two inflicted wounds were fatal. The trajectory and positioning of the shots suggested a deliberate and calculated attack rather than an act of self-defense.
Defense Argument
Collarga admitted to killing Daras but claimed it was in self-defense, asserting that Daras had attacked him first. However, the court found this account incredible due to the physical evidence presented, which contradicted his version of events.
Court Rulings on Self-Defense
The court noted the elements of self-defense which must be established by the accused; these include unlawful aggression, necessity of means, and lack of provocation. The court determined that Collarga failed to meet the burden of proof for self-defense, pointing out the inconsistency and improbability of his account, especially in light of the eyewitness testimonies.
Treachery and Circumstantial Evidence
The court upheld that the killing was committed with treachery, given the suddenness and the method of attack, preventing Daras from defending himself. The classification of the killing as murder was substantiated by these findings, regardless of the defense's implications of provocation.
Illegal Possession of Firearm
On the charge of illegal possession of a firearm, the court acknowledged that while the evidence of unlicensed ownership was established, the use of that firearm during the murder should have been treated as an aggravating circumstance rather than the basis for a separate conviction. The application of Republic Act No. 8294 allowed for the firearm's status to be treated as aggravating when associated with the murder charge.
Final Judgment
Ultimately, the Supreme Court
...continue readingCase Syllabus (G.R. No. 134072-73)
Case Overview
- The case involves Constancio Candido y Collarga, the accused-appellant, who was found guilty of murder and illegal possession of firearms.
- The Regional Trial Court in Quezon City sentenced him to death for murder and imprisonment for illegal possession of an unlicensed firearm.
- The decision was rendered on June 22, 1998, and was subject to automatic review by the Supreme Court.
Charges and Convictions
- Murder:
- Charged under Criminal Case No. Q-94-58986, the information alleged that on October 9, 1994, in Quezon City, the accused, with intent to kill and treachery, shot Nelson Daras, causing his death.
- Violation of Presidential Decree No. 1866:
- Charged under Criminal Case No. Q-94-58985, accused-appellant was accused of possessing an unlicensed .38 caliber revolver and ammunition without the necessary permits.
Procedural History
- The accused pleaded not guilty during arraignment.
- A joint trial for both charges was conducted, during which the prosecution presented multiple eyewitnesses and forensic evidence.
Prosecution's Evidence
- Eyewitness Testimonies:
- Perlita Baldoza and Ruben Aliaga, witnesses at the scene, testified that they saw the accused shoot the victim multiple times from behind.
- Police Involvement:
- SPO1 Wilfredo Red apprehended the accused while he was fleeing and confiscated the firearm, identifying it as a homemade revolver.
- Autopsy Findin