Case Summary (G.R. No. 188602)
Facts — Prosecution Version
On the evening of May 17, 2003, five persons (Regis, Marcelo, Gallemit, Boneo, Dalit) were conversing in front of Regis’s house in Makati. Appellant approached; when about two arm’s lengths away he allegedly suddenly raised his arm and shot Regis in the chest with a .45 caliber pistol. After Regis fell, appellant fired several more shots, wounding Dalit in the arm and firing at Boneo, Marcelo and Gallemit (the last three escaped without being hit). Appellant reportedly remained at the shooting location and later pursued Dalit but failed to catch him. The police arrived about twenty minutes later; Regis died that night and Dalit received medical treatment and surgery for his wound.
Facts — Appellant’s Version (Claim of Self-Defense)
Appellant testified that earlier he had been drinking and, while walking home, a group of five youths verbally confronted him and two advanced. He alleged he was boxed and beaten by one identified as Regis Ado; a gun then allegedly fell from Regis, which appellant grabbed. Appellant testified he was struck, fell, then, fearing further attack, fired the gun first at Regis and then toward the ground as a warning. He further claimed he fled afterward, discarded the firearm, and left the area.
Procedural History
Five separate informations were filed on August 15, 2003 charging the appellant with murder (Criminal Case No. 03-3639), frustrated murder (03-3640), and three counts of attempted murder (03-3641–03-3643). Appellant pleaded not guilty with counsel de oficio; trial ensued. The Regional Trial Court (Branch 62, Makati) rendered a decision on August 7, 2006 convicting appellant of murder, frustrated murder and three counts of attempted murder and imposing corresponding penalties and damages. The Appellant appealed to the Court of Appeals (CA), which on March 12, 2009 affirmed with modifications. The matter was subsequently elevated to the Supreme Court.
Issue on Appeal
The appellant’s principal challenge was that the trial court erred in convicting him because his guilt was not proven beyond reasonable doubt and because the trial court improperly relied on and credited the allegedly contradictory testimonies of prosecution eyewitnesses. The Office of the Solicitor General (OSG) urged affirmance with certain modifications: downgrading the count of frustrated murder (Dalit) to attempted murder, adjusting the award of actual damages, and seeking moral and exemplary damages for Regis’s heirs.
Trial Court Findings
The trial court rejected appellant’s claim of self-defense, credited the testimonies of the surviving victims as more credible than the appellant’s uncorroborated account, and found appellant guilty beyond reasonable doubt of murder (Regis), frustrated murder (Dalit), and attempted murder (Boneo, Marcelo, Gallemit). The RTC imposed reclusion perpetua for murder and terms for the other counts, and awarded actual damages, civil indemnity and other monetary reliefs as recited in its decision.
Court of Appeals Ruling
The CA affirmed the RTC decision but modified certain awards and the characterization of the Dalit injury. Specifically, the CA: (a) affirmed the murder conviction but reduced actual damages awarded to Regis’s heirs to P42,337.25 and added moral damages (P50,000), temperate damages (P10,000) and exemplary damages (P10,000); (b) modified the RTC’s finding of frustrated murder as to Dalit to attempted murder, sentencing accordingly; and (c) affirmed the attempted murder convictions for the other three complainants.
Supreme Court Analysis — Burden and Elements of Self-Defense
The Court reiterated the established three-element test for self-defense: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to repel it; and (3) lack of sufficient provocation by the person claiming self-defense. When an accused admits killing or wounding and pleads self-defense, the burden rests on the accused to prove these elements clearly and convincingly. The Court emphasized that unlawful aggression is the primary element and that self-defense cannot be sustained if not corroborated by independent, competent evidence or if the alibi is inherently doubtful. Applying these principles, the Court found appellant failed to discharge this burden: his testimony was uncorroborated, inconsistent with the eyewitnesses’ unanimous account that appellant fired suddenly without provocation, and thus the trial court’s credibility determination in favor of the prosecution witnesses was entitled to full respect.
Supreme Court Analysis — Treachery as Qualifying Circumstance and Conversion to Murder
The Court examined whether the fatal shooting of Regis was qualified by treachery. Treachery consists in a sudden, unexpected attack on unsuspecting victims that deprives them of any real chance to defend themselves. The evidentiary picture—sudden firing at close range, lack of provocation, and victims’ inability to defend themselves—supported the finding of treachery. Consequently, the killing was properly qualified as murder under Article 248 of the Revised Penal Code. Because no mitigating or aggravating circumstances were found to alter the penalty scheme, the indivisible penalty applicable for murder (reclusion perpetua) was affirmed pursuant to Article 63, paragraph 2 of the RPC.
Supreme Court Analysis — Nature of Injury to Dalit: Frustrated vs. Attempted Murder
The Court agreed with the CA’s modification regarding Dalit. The medical and factual proof did not establish that Dalit’s wound was sufficient in and of itself to cause death such that the accused had performed all acts of execution necessary to consummate murder. Where the wounds inflicted are not of a fatal nature, the proper classification is attempted murder rather than frustrated murder. Accordingly, the conviction was correctly reduced to attempted murder with the corresponding lesser penalty by two degrees under Article 51 of the RPC and the Indeterminate Sentence Law considerations applied by the CA were sustained.
Penalties and Application of the Indeterminate Sentence Law
- Murder (Criminal Case No. 03-3639): reclusion perpetua (as imposed).
- Attempted murder (Criminal Cases 03-3640 to 03-3643): two degrees lower than consummated felony, hence pena in prision mayor; under the Indeterminate Sentence Law the CA correctly set the minimum within prision correccional and the maximum within prision mayor in its medium period — specifically two years, four months and one day of prisi
Case Syllabus (G.R. No. 188602)
Procedural History
- Criminal Informations for murder, frustrated murder and three counts of attempted murder were filed against appellant on August 15, 2003.
- Criminal Case Nos.: 03-3639 (murder), 03-3640 (frustrated murder), 03-3641, 03-3642, 03-3643 (attempted murder).
- Appellant arraigned with counsel de oficio and pleaded not guilty; trial on the merits followed.
- Regional Trial Court (RTC) of Makati City, Branch 62, rendered its decision on August 7, 2006, convicting appellant of murder, frustrated murder and three counts of attempted murder and imposing penalties and damages.
- Appellant appealed to the Court of Appeals (CA) in CA-G.R. CR.-H.C. No. 02680; the CA rendered its Decision on March 12, 2009, affirming with modifications the RTC decision.
- Appellant elevated the case to the Supreme Court (G.R. No. 188602); the Supreme Court issued its decision on February 4, 2010, resolving the matters presented on appeal and modifying portions of the lower courts’ awards and findings.
Charges and Accusatory Allegations (Contents of the Informations)
- Criminal Case No. 03-3639 (Murder): On or about May 17, 2003, in Makati City, appellant, armed with a gun, by means of treachery and abuse of superior strength, with intent to kill, willfully, unlawfully and feloniously fired his gun towards Leo Salvador Regis, thereby hitting him and inflicting mortal wounds which caused his death.
- Criminal Case No. 03-3640 (Frustrated Murder as charged): On or about May 17, 2003, in Makati City, appellant, armed with a gun, by means of treachery and abuse of superior strength, with intent to kill, willfully, unlawfully and feloniously attacked, assaulted and shot Alexis Dalit, hitting him on the arm, thus performing all acts of execution which would have produced murder but such consequence did not occur due to timely and able medical attendance rendered to Dalit.
- Criminal Case Nos. 03-3641, 03-3642, 03-3643 (Attempted Murder): On or about May 17, 2003, in Makati City, appellant, armed with a gun, with treachery and intent to kill, willfully, unlawfully and feloniously fired his gun towards Jaypee S. Boneo, Randy S. Marcelo, and Jefferson S. Gallemit respectively, thus commencing the commission of murder directly by overt acts but did not perform all acts of execution which would produce murder because he did not hit them.
Prosecution’s Version (Summary by the Office of the Solicitor General)
- Date and time: May 17, 2003, about nine o’clock in the evening.
- Place: in front of the house of the deceased at 477 Narra St., Cembo, Makati City.
- Parties present: deceased Leo Salvador Regis and private complainants Randy Marcelo, Jefferson Gallemit, Jaypee Boneo and Alexis Dalit were talking together.
- Appellant’s approach: the group noticed appellant along the street; when appellant was two arm-lengths away he suddenly raised his arm and shot Regis with a .45 caliber pistol.
- Sequence of events: Regis was hit in the chest, exclaimed "Aray!", embraced Randy Marcelo, fell off his chair to the ground. Jefferson Gallemit, Jaypee Boneo and Alexis Dalit stood up. Appellant fired several more shots; one shot hit Dalit’s arm; Boneo and Gallemit ran up the street; Dalit ran in the opposite direction and hid behind a car.
- Appellant’s behavior after the first shot: remained at the spot where he fired the first shot even after the others ran away; later pursued Dalit but did not catch him, threatening "Pagnaabutan ko kayo, pagpapatayin ko kayo!"
- Immediate aftermath: Dalit sought refuge at BLISS Makati and contacted the police; police arrived about twenty minutes later; Dalit brought to Ospital ng Makati, wound dressed and later operated at Philippine Orthopedic Hospital; Regis brought to Ospital ng Makati by Randy Marcelo and died that night.
- Sources cited in record: TSN, June 2, 2004; TSN, June 22, 2005.
Appellant’s Version and Plea of Self-Defense
- Appellant admitted to killing Regis and wounding Dalit but asserted self-defense.
- Narrative offered at trial:
- Around 8:00 p.m. on May 17, 2003, appellant went to an ihaw-ihaw restaurant with live band in Guadalupe and drank two bottles of beer, then went home, taking a jeepney and alighting in front of a bakery owned by Barangay Captain Leo Magbantay, about 120 meters from his house.
- Passed a group of five youngsters on the right side of the street; appellant recognized Jaypee (Loloy) Boneo only.
- One member of the group cursed appellant ("tang ina mo!"); appellant stopped and looked; two from the group approached; he was boxed by "Regis Ado" while Dalit was beside Ado; appellant fell to the ground and was beaten by Ado; a gun fell from Leo Regis.
- Appellant claimed he immediately got the gun; when Regis was about to attack again appellant kicked him causing him to fall; when Regis stood up, appellant fired a shot at him and continued firing, stating the shots were directed towards the ground as a warning to the others.
- Appellant fled, threw the gun on a vacant lot, rode a jeepney to Pateros but alighted due to lack of money, rested, later went to Cubao and borrowed money.
- Legal posture: appellant relied on the affirmative defense of self-defense, which he argued excused criminal liability.
Trial Court Decision (RTC, Aug. 7, 2006) — Findings and Sentences
- Credibility: RTC disbelieved appellant’s claim of self-defense, found prosecution witnesses credible and appellant’s version uncorroborated and less credible.
- Convictions:
- Found appellant guilty beyond reasonable doubt of the murder of Leo Salvador Regis (Criminal Case No. 03-3639).
- Found appellant guilty of frustrated murder against Alexis B. Dalit (Criminal Case No. 03-3640).
- Found appellant guilty of three counts of attempted murder (Criminal Case Nos. 03-3641 to 03-3643) against Jaypee S. Boneo, Randy S. Marcelo and Jefferson S. Gallemit.
- Sentences and awards imposed by the RTC:
- Murder (03-3639): reclusion perpetua; pay heirs of victim Php 50,000.00 as civil indemnity and Php 102,337.25 as actual damages.
- Frustrated murder (03-3640): imprisonment of 8 years, 20 days minimum to 14 years, 10 months, 20 days maximum; indemnify Php 22,596.50 for medical services and medicine.
- Attempted murder (03-3641 to 03-3643): each count imprisonment from 2 years, 4 months and 1 day of prision correccional (min) to 8 years and 1 day of prision mayor (max).
- RTC concluded: SO ORDERED (per decision text).
Appellant’s Assignment of Error on Appeal
- Appellant’s sole assignment of error before the CA: the trial court gravely erred in convicting appellant when guilt was not proven beyond reasonable doubt, and in giving weight and credence to the contradictory testimonies of the prosecution eyewitnesses.
Office of the Solicitor General’s Position on Appeal
- OSG maintained that trial court correctly credited prosecution witnesses