Case Summary (G.R. No. 128157)
Key Dates
Incident: December 23, 2000; RTC Joint Decision: March 10, 2008; Court of Appeals decision: October 18, 2011; Supreme Court decision: July 15, 2013.
Applicable Law and Constitutional Basis
The decision applies the 1987 Constitution (decision rendered post-1990) and criminal provisions of the Revised Penal Code, chiefly Article 6 (consummated, frustrated, and attempted felonies), Article 248 (murder), and Article 51 (penalty for attempted felonies by degree reduction). The Indeterminate Sentence Law (Section 1) governs the structure of indeterminate sentences. The Court relied on controlling jurisprudence cited in the record (e.g., People v. Damitan; Serrano v. People; People v. Mangune; People v. Lucero).
Procedural Posture
Appellant was charged in two Informations: Criminal Case No. 2001-1555 for Murder with the use of an unlicensed firearm (victim: Judy Conde) and Criminal Case No. 2002-1777 for Frustrated Murder with the use of an unlicensed firearm (victim: Gregorio Conde). After joint trial, the RTC convicted appellant of murder (Judy) and frustrated murder (Gregorio), and acquitted Demapanag for insufficiency of evidence. The Court of Appeals affirmed with modification (awarding moral and exemplary damages). The Supreme Court reviewed the appeal.
Factual Summary — Prosecution Version
On December 23, 2000 at about 7:00 p.m., Gregorio and his daughters Judy and Glenelyn were at home. Gregorio stepped outside; appellant, from approximately five meters away, shot Gregorio. When Judy and Glenelyn rushed to assist, appellant allegedly shot Judy in the abdomen. Two co-accused stood behind appellant. Appellant purportedly declared “[s]he is already dead,” and the three fled. Judy was brought to Sara District Hospital and pronounced dead on arrival; Gregorio was treated for a one-centimeter gunshot wound to the right forearm and abrasions/hematoma to the right shoulder and recovered. Autopsy concluded Judy died from cardiopulmonary arrest secondary to cardiac tamponade due to gunshot wound.
Factual Summary — Defense Version
Appellant admitted presence at the scene but claimed self-defense: Gregorio allegedly challenged him with a shotgun; the shotgun jammed; a struggle ensued during which the shotgun fired accidentally while appellant wrestled it from Gregorio. Appellant asserted he did not know if anyone was hit. Demapanag claimed absence (at a ricemill 14 kilometers away), corroborated by his brother Frederick.
RTC Ruling
The RTC acquitted Cristy Demapanag for lack of sufficient evidence but convicted Regie Labiaga of murder in Criminal Case No. 2001-1555 (sentenced to reclusion perpetua, ordered to pay P50,000 civil indemnity) and of frustrated murder in Criminal Case No. 2002-1777 (imposed an appropriate penalty range for frustrated murder), with usual accessory penalties and deduction for time served.
Court of Appeals Ruling
The Court of Appeals–Cebu affirmed the convictions but modified awards: it upheld the civil indemnity of P50,000 for Judy’s heirs and added P50,000 moral damages and P25,000 exemplary damages for the murder conviction; for the other case it imposed moral damages of P25,000 and exemplary damages of P25,000. The CA emphasized that civil indemnity and moral damages are distinct and both are appropriate.
Issues Presented on Appeal
Primary issues addressed by the Supreme Court: (1) Whether appellant’s claim of justifying circumstance of self-defense was proved; (2) Whether the proper classification of the crime against Gregorio is frustrated murder or attempted murder; (3) Whether treachery exists; and (4) Proper quantum and characterization of damages.
Analysis — Self-Defense and Burden of Proof
The Court applied the well-settled rule that when an accused admits the killing but pleads self-defense, the evidentiary burden shifts to the accused to prove the elements of self-defense by clear and convincing evidence (People v. Damitan). Appellant’s account was uncorroborated and self-serving, and the trial court’s credibility findings in favor of the Condes were given due weight. The Court noted factors undermining appellant’s claim: failure to report alleged aggression to the police, failure to assert accidental discharge when arrested, and lack of corroborating eyewitnesses. Given the RTC’s superior opportunity to observe witness demeanor and the absence of arbitrariness in those credibility determinations, the Court upheld rejection of self-defense.
Analysis — Treachery
The Court sustained the appreciation of treachery: treachery exists where the victim is denied a chance to defend or resist, and it is not determined solely by the weapon type but by whether the weapon was deliberately chosen to ensure execution of the crime and render the victim defenseless. Using a 12-gauge shotgun against unarmed victims supports treachery, satisfying an element elevating the killing to murder.
Analysis — Frustrated Murder versus Attempted Murder
The Court analyzed Article 6 of the Revised Penal Code and applied the Serrano distinctions: frustrated felonies require performance of all acts of execution that should produce the felony but for causes independent of the offender’s will; attempted felonies occur when the offender commences execution but does not perform all necessary acts. For frustrated murder, evidence must show the wound would have been fatal absent timely medical intervention. Medical testimony in this case (Dr. Edwin Figura) described Gregorio’s wound as non-serious and the patient ambulatory; there was no showing the wound was mortal absent medical aid. Consequently, the Court concluded the proper conviction for Gregorio’s case is attempted (not frustrated) murder.
Penal Consequences and Sentencing
For the murder conviction (Judy), the conviction for murder with treachery was upheld and the penalty of reclusion perpetua with accessory penalties was affirmed; usual deduction for time of detention was ordered. For Gregorio’s case, the Court reduced the conviction to attempted murder. Under Article 51
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Procedural Posture
- Appeal from the Decision dated 18 October 2011 of the Court of Appeals–Cebu (CA‑Cebu) in CA‑G.R. CEB CR‑HC No. 01000, which affirmed with modification the Joint Decision dated 10 March 2008 of the Regional Trial Court (RTC), Branch 66, Barotac Viejo, Iloilo, in Criminal Case No. 2001‑1555 (murder) and Criminal Case No. 2002‑1777 (frustrated murder).
- Petition before the Supreme Court: G.R. No. 202867; Decision promulgated 15 July 2013 (714 Phil. 77, Second Division).
- Appellant: Regie Labiaga alias “Banoka.” Appellee: People of the Philippines.
- RTC Joint Decision: convicted appellant of murder (Crim. Case No. 2001‑1555) and frustrated murder (Crim. Case No. 2002‑1777); acquitted co‑accused Cristy Demapanag for lack of evidence.
- CA‑Cebu Decision: affirmed RTC’s convictions with modifications—imposed moral and exemplary damages in both cases and adjusted sentences.
- Supreme Court’s role: review of CA‑Cebu decision and RTC findings, with focus on sufficiency of evidence, justification of self‑defense claim, proper characterization of offense in Crim. Case No. 2002‑1777 (attempted vs. frustrated murder), treachery, and appropriate damages/sentences.
Factual Background
- Date/time/place: On or about 23 December 2000, around 7:00 p.m., at Barangay Malayu‑an, Ajuy, Iloilo.
- Victims: Judy Conde (deceased), Gregorio Conde (survived), and Glenelyn Conde (daughter and witness).
- Alleged assailants: Regie Labiaga (appellant), Alias Balatong Barcenas (at large), and Cristy Demapanag (acquitted).
- Sequence as per prosecution: Gregorio stepped outside their house; appellant, approximately five meters away, shot Gregorio; Gregorio called Judy; when Judy and Glenelyn rushed to aid, appellant shot Judy in the abdomen; appellant allegedly said “she is already dead” and fled with co‑accused.
- Medical outcomes: Judy was pronounced dead on arrival at Sara District Hospital; Gregorio was treated at Sara District Hospital and made a full recovery.
- Autopsy/findings: Dr. Jeremiah Obanan reported Judy’s death caused by “cardiopulmonary arrest secondary to Cardiac Tamponade due to gunshot wound.” Dr. Edwin Jose Figura examined Gregorio and found a 1 cm diameter gunshot wound on the middle third of the right forearm and abrasion/hematoma on the right shoulder; Gregorio was ambulatory and not in distress; injuries described as “not serious.”
Criminal Informations / Charges
- Criminal Case No. 2001‑1555 (Information): Murder with the Use of Unlicensed Firearm — alleged killing of Judy Conde on or about December 23, 2000 in Ajuy, Iloilo, with specific allegations of conspiracy, use of unlicensed firearm, deliberate intent to kill, treachery, and evident premeditation.
- Criminal Case No. 2002‑1777 (Information): Frustrated Murder with the Use of Unlicensed Firearm — alleged attack on Gregorio Conde on the same date, by same means; information alleged that appellant performed all acts of execution which would produce murder but did not produce it by reason of timely and able medical assistance to Gregorio.
Parties and Pleas
- Appellant (Regie Labiaga) and Cristy Demapanag both pleaded not guilty in both cases.
- Alias Balatong Barcenas remained at large and was named in the informations.
- Joint trial of co‑accused took place; trial evidence presented by prosecution and defense.
Trial Evidence — Prosecution
- Prosecution presented four witnesses:
- Gregorio Conde (victim in Crim. Case No. 2002‑1777) — testified regarding being shot and the incident.
- Glenelyn Conde (daughter, eyewitness) — testified to events and to appellant shooting Judy.
- Dr. Jeremiah Obanan — conducted autopsy on Judy; cause of death: cardiopulmonary arrest secondary to cardiac tamponade due to gunshot wound.
- Dr. Edwin Jose Figura — examined Gregorio; found one‑centimeter gunshot wound to right forearm, abrasions/hematoma on right shoulder; described Gregorio as ambulatory and not in distress; described injuries as “not serious.”
Trial Evidence — Defense
- Defense witnesses included:
- Appellant (Regie Labiaga) — admitted presence during shooting but claimed self‑defense: alleged Gregorio challenged him with a shotgun, the shotgun jammed, struggle ensued, shotgun fired during struggle; appellant claimed he did not know if anyone was hit by the discharge.
- Cristy Demapanag — testified he was in D&D Ricemill, approximately 14 kilometers from the crime scene, at time of shooting.
- Frederick (Demapanag’s brother) — corroborated Cristy Demapanag’s alibi testimony.
- No additional eyewitnesses corroborated appellant’s self‑defense account.
RTC Joint Decision (10 March 2008) — Findings and Disposition
- RTC acquitted Cristy Demapanag for insufficiency of evidence.
- RTC convicted Regie Labiaga of:
- Murder (Crim. Case No. 2001‑1555) — sentenced to reclusion perpetua plus accessory penalties; ordered to pay heirs of Judy Conde P50,000.00 as civil indemnity; no subsidiary imprisonment for insolvency; costs imposed.
- Frustrated Murder (Crim. Case No. 2002‑1777) — sentenced to indeterminate term ranging from six (6) years and one (1) day (prision mayor minimum) to ten (10) years and one (1) day (reclusion temporal maximum), with necessary a