Case Summary (G.R. No. 128359)
Factual Background
On the date of the incident, Macapagal, who had previously been in a relationship with Ma. Luz Perla San Antonio, the live-in partner of the appellant, forcibly entered the home of de la Cruz while armed. An altercation ensued, resulting in a struggle between the two men, during which de la Cruz shot Macapagal, killing him. Following the shooting, de la Cruz called the police and claimed self-defense.
Judicial Proceedings
The Regional Trial Court sentenced de la Cruz to death for "Qualified Illegal Possession of Firearm and Ammunition with Homicide," stating the evidence supported this conclusion despite the self-defense claim. An autopsy revealed that Macapagal had sustained four gunshot wounds, and it was determined that the appellant was in illegal possession of the firearm used in the killing.
Self-Defense Claim
In legal terms, self-defense requires the accused to establish: (1) unlawful aggression by the deceased, (2) a reasonable response to that aggression, and (3) a lack of provocation on the part of the accused. The court found that while Macapagal was aggressive when he entered the home, de la Cruz's response was not justifiable since he initially could have closed the door and avoided confrontation.
Legal Conclusion on Self-Defense
The Supreme Court upheld the trial court's finding that the elements of self-defense were not satisfactorily established. The aggression exhibited by Macapagal, although unlawful, did not warrant the lethal response by de la Cruz; the evidence indicated a determined effort to kill rather than an immediate need for self-defense.
Elements of Illegal Possession
To prove illegal possession of a firearm, the prosecution must demonstrate the existence of the firearm, the ownership or possession of it by the accused, and the absence of a license. The court noted that the accused had not possessed the firearm just for a fleeting moment, as he had access and knowledge of its presence well before the altercation.
Sentencing and Modification
The Supreme Court noted an error in the imposition of the death penalty due to subsequent legal amendments, stating that the use of an unlicensed firearm constituted an aggravating circumstance but must be weighed against the mitigating circumstance of voluntary surrender. The court imposed a revised sentence of indeterminate penalty instead of death, significantly adjusting the term to nine years and one day of prision mayor as the minimum to sixteen years and one day of reclusi
...continue readingCase Syllabus (G.R. No. 128359)
Case Background
- The case involves an automatic review of the decision from the Regional Trial Court, Branch 27, Cabanatuan City, sentencing Roberto E. de la Cruz to death for "Qualified Illegal Possession of Firearm and Ammunition with Homicide."
- The information filed against the accused states that on May 27, 1996, in Cabanatuan City, he attacked and shot Daniel Macapagal, resulting in Macapagal's death.
- Upon arraignment, the accused pled "not guilty."
Incident Description
- On the evening of May 27, 1996, the accused and his live-in partner, Ma. Luz Perla San Antonio, were in their rented house when Daniel Macapagal, armed with a gun, forcibly entered seeking to confront the accused.
- Macapagal, despite San Antonio's refusal to let him in, entered the house and began searching for the accused while brandishing his firearm.
- An altercation ensued where both the accused and Macapagal grappled for their firearms, resulting in Macapagal being shot four times, leading to his death.
Evidence Presented
- The autopsy findings revealed that Macapagal sustained four gunshot wounds, one of which penetrated his heart, causing instant death.
- The firearm used by Macapagal was a 9mm caliber pistol, licensed, but its chamber was found unloaded.
- The accused was found in possession of a .38 caliber revolver, for which he had no license.
Trial Court’s Findings
- The trial court disregarded the self-defense claim presented by the accused and found him guilty, imposing a death sentence.
- The cour