G.R. No. 126253 - People vs. Macoy, Jr.

Case Summary (G.R. No. 126253)

Informations, Arraignment, and Joint Trial

On October 10, 1995, the prosecutor filed two separate informations against accused. Criminal Case No. CBU-39639 charged accused with parricide, alleging that on or about October 9, 1995, in Cebu City, and within the trial court’s jurisdiction, accused, armed with an unlicensed firearm and with intent to kill, attacked his son Joglyn Macoy and shot him, inflicting fatal wounds from which Joglyn died instantaneously. Criminal Case No. CBU-39640 charged accused with illegal possession of firearm and ammunition under Presidential Decree No. 1866, alleging that he kept under his control and possession a snubnose .38 caliber paltik revolver (Smith and Wesson) marked “EYR10995” with three rounds of live ammunition and one empty shell, without first obtaining a permit or license. On November 8, 1995, accused entered pleas of not guilty to both charges. The trial court conducted a joint trial of the two cases.

Factual Background: The Shooting and Immediate Events

Evidence at trial showed that on the night in question, accused arrived drunk at his house at 1612 Gil Tudtud St., Lahinglahing, Mabolo, Cebu City around 12:20 a.m. He was carrying a musical instrument. His wife, Marilou M. Macoy, called their son Joglyn to help his father. As father and son conversed, accused complained in a low voice about the muddy road leading to their house. Joglyn remarked that the DPS people were “foolish” for dumping soil that made the road muddy, apparently blaming accused’s friends. Accused angrily retorted in defense of his friends, and a heated argument followed. Cresenciano Marikit, Marilou’s younger brother, arrived and prevailed upon Joglyn to calm down. He invited Joglyn to a nearby store about thirty (30) meters away. Meanwhile, accused went to his room, took from an aparador a belt bag containing a firearm. Marilou knew the gun’s presence because accused had told her and because she often saw him get it to clean and later return it. Accused took the firearm, tucked it in his waist, and left the house. Marilou tried to persuade him not to go, but accused walked out. Soon after, she heard gunfire and saw a commotion at the store area. Cresenciano held accused while Joglyn was carried to a taxicab for hospital transport. At the Cebu Chong Hua Hospital, Joglyn was declared dead on arrival.

For expenses, Marilou testified that she spent P3,080.78 for hospitalization and P3,450.00 for funeral expenses, with receipts, and that she paid a lawyer P50,000.00. She also claimed moral damages in the amount of P500,000.00 on account of the loss of her son.

Prosecution Evidence: Identification of the Assailant and the Weapon

Cresenciano Marikit testified that around 12:30 a.m. on October 9, 1995, he and Danilo Macasero were repairing his jeep outside his house. Accused passed by with musician-friends and was drunk. He later heard noise from accused’s house, went there, and found accused and Joglyn having an argument regarding road repairs by the city government. When accused saw him, accused told him to mind his own business. Cresenciano took Joglyn to a nearby store about thirty (30) meters from accused’s house. At the store, while he talked to Joglyn, accused arrived armed with a snubnose .38 caliber revolver and fired at Joglyn. Cresenciano narrated that accused’s first shot missed due to a bullet stuck in the barrel. Accused fired a second shot, hitting Joglyn near the left shoulder, causing him to fall. While Joglyn was on the ground, accused fired a third shot; Cresenciano stated that the bullet again got stuck. Cresenciano grappled with accused for the gun. During the scuffle, accused lost possession, and the gun fell. Danilo picked it up and threw it into a nearby canal. Joglyn was brought to the hospital while Cresenciano dragged accused toward his own house, about twenty (20) meters away. According to Cresenciano, at the time of the shooting accused stood about two (2) meters from the victim.

The prosecution also anchored the timing and cause of death on the death certificate issued by medico legal officer Dr. Jesus P. Cerna, PNP, Cebu City, stating that the time of injury was about 12:30 midnight of October 9, 1995, and the cause of death was hemorrhage, acute, severe, secondary to gun shot wound at the left chest. A .38 caliber slug was recovered from the second thoracic vertebra of the victim. The wound measured 2.01 by 1.01 in diameter, with medical description indicating a downward and lateral trajectory and the absence of powder burns at the entrance, leading to an estimated distance of about 24 inches between the gun and skin. The trajectory of the bullet suggested that the victim was in a lower position and that they might have been facing each other, with the assailant more to the left of the victim.

SPO4 Romeo O. Carreon, SPO1 George M. Ruiz, PO2 Elmo Y. Rosales, and PO2 Filomeno D. Mendaros testified that they received a report at about 1:00 a.m. on October 9, 1995 about a shooting incident. They proceeded to the place, conducted an ocular inspection, found that the victim was Joglyn Macoy, and that the responsible person was the victim’s own father, Victor Macoy, Jr. Because accused was no longer at the scene, they went to his house. Accused was arrested after they explained his constitutional rights. He admitted shooting his son. The policemen then brought accused to the hospital and questioned witnesses. Danilo Macasero told the police where the firearm used in the shooting was located. The team returned to the scene, and Danilo personally identified and turned over the murder weapon to the police: a .38 caliber revolver (paltik). Accused was taken to the police station and failed to produce any authorization to possess or carry the firearm. The policemen arrested him for violation of Presidential Decree No. 1866. Paraffin tests were conducted for accused, and the firearm was subjected to gunpowder residue examination and ballistics testing. Police Senior Inspector Myrna P. Areola reported positive findings of gunpowder residue from accused’s hand casts and a ballistic test found positive for gunpowder residue on the revolver.

Danilo Macasero corroborated the shooting sequence. He testified that he and Cresenciano arrived from Lahug to perform jeep repairs and later went to a store nearby for snacks. After Cresenciano parked his jeep and returned with Joglyn, Cresenciano informed Danilo of the argument between Joglyn and accused. Accused then arrived shouting, pulled out the gun, aimed at Joglyn, and fired. Danilo confirmed that the bullet got stuck during the first shot. The second shot hit Joglyn on the left shoulder, causing him to fall. Danilo also stated that when Cresenciano grappled with accused and they struggled, the gun ended up falling into a canal after Danilo threw it there. Danilo then assisted in bringing Joglyn to the hospital. In open court, Danilo identified the firearm presented in evidence as the one used in shooting Joglyn and as the same gun he recovered from the canal and turned over to Patrolman Ruiz.

Defense Theory and Accused’s Denial of Ownership and Use of the Gun

Accused denied shooting his son and claimed he did not own the gun used in the shooting. He narrated that he arrived home from a birthday party with musician-friends. He admitted that an argument ensued with Joglyn over the muddy road and over his friends from the Department of Public Services. He stated that Cresenciano intervened and he took Joglyn out of the house. Accused claimed that he decided to go out and get some fresh air and that he took from the house his .22 caliber revolver. He claimed his wife tried to prevent him but he left anyway. According to him, he heard commotion thinking there were thieves and fired a warning shot in the air. As he walked toward the store, he saw a group and approached them, then saw Joglyn and heard the latter warn his uncle that accused was coming and might do something. Accused said he drew his gun and pointed it upwards, while Cresenciano blocked his path. He claimed a struggle ensued and he heard gunfire. He then saw Joglyn fall but insisted he still held his own gun during the incident, implying the gun that fell and was picked up by Danilo was not his. He also claimed that after the shooting he inspected his own gun and found one empty shell and five live bullets, and that he hid his gun under ipil-ipil trees. When policemen arrived, he alleged they were not assisted by counsel in the interrogation and that he was not apprised of his constitutional rights during questioning. He also said the seller promised to secure a license for him. When asked in open court to identify the gun presented by the prosecution, he said it was not his and that it was the first time he had seen it, adding that the prosecution’s firearm was a .38 caliber revolver while his was a .22 caliber revolver. He admitted that he had a gun at the scene but maintained it was different from the exhibit. He claimed he buried or hid the gun to avoid involvement and expressed regret for the death of his son.

Trial Court Disposition

The trial court, in its joint decision promulgated on August 12, 1996, found accused guilty beyond reasonable doubt of parricide and illegal possession of firearm and ammunition. It sentenced him to reclusion perpetua for parricide. It ordered him to pay Marilou P6,530.78 as actual damages, P50,000.00 as moral damages, P50,000.00 as indemnity for the death, and costs. For illegal possession, it imposed an indeterminate sentence of seventeen (17) years, four (4) months and one (1) day to twenty (20) years, and costs. The trial court provided that the accessory penalties would apply and that the accused would be credited for time spent in preventive imprisonment. It also ordered forfeiture of the firearm and ammunition in favor of the government.

Issues on Appeal and the Parties’ Positions

On appeal, accused argued that the trial court erred in convi

Case Syllabus (G.R. No. 126253)

The accused-appellant Victor M. Macoy, Jr. appealed from the Regional Trial Court, Branch 58, Cebu City joint decision finding him guilty beyond reasonable doubt of parricide and illegal possession of firearm and ammunition.
The trial court sentenced the accused to reclusion perpetua for parricide and imposed an indeterminate penalty for illegal possession of firearm and ammunition, and it ordered payment of actual damages, moral damages, death indemnity, and costs.
The Supreme Court reviewed the sufficiency of the evidence for guilt, the identification of the murder weapon, and the proper effect of Republic Act No. 8294 on the illegal possession conviction.
The Court affirmed the conviction for parricide but modified the disposition by dismissing the illegal possession case.
Davide, Jr., C.J., issued a separate opinion addressing the retroactivity of Republic Act No. 8294 as to illegal possession.

Charges and Informations

The Cebu City Prosecutor II Virginia Palanca-Santiago filed two separate informations dated October 10, 1995 against Victor M. Macoy, Jr..
In Criminal Case No. CBU-39639, the information charged parricide for the shooting of his son Joglyn Macoy at about 12:20 a.m. on October 9, 1995 in Cebu City, alleging deliberate intent to kill.
In Criminal Case No. CBU-39640, the information charged illegal possession of firearm and ammunition for the accused’s control and possession of a snubnose .38 caliber paltik revolver with three (3) rounds of live ammunition and one (1) empty shell, alleging lack of permit or license.
The prosecutor recommended no bail for the temporary release of the accused in both cases.
Upon arraignment on November 8, 1995, the accused pleaded not guilty in both cases.
The cases were tried jointly.

Material Facts of the Incident

The Supreme Court found that at about 12:20 a.m. on October 9, 1995, the accused arrived at his house drunk while carrying a musical instrument.
The accused’s wife Marilou M. Macoy called their son Joglyn to help their father.
The accused complained, in a low voice, about the muddy road leading to their house and the dumping of soil by the Department of Public Services (DPS).
Joglyn commented that the DPS people were foolish for damping soil that made the road muddy, and the accused angrily retorted in defense of his friends from the DPS.
A heated argument ensued between father and son until Cresenciano Marikit, Marilou’s younger brother, arrived and prevailed upon Joglyn to calm down.
Cresenciano took Joglyn to a nearby store about thirty (30) meters from the house.
While Cresenciano and Joglyn were at the store, the accused went to his room, retrieved a belt bag containing a .38 caliber firearm, and tucked the gun in his waist before leaving the house.
Marilou tried to dissuade the accused from leaving, but the accused went out and shortly thereafter gunfire erupted.
Marilou heard the firing and saw Cresenciano holding the accused while Joglyn was carried to a taxicab to be brought to Cebu Chong Hua Hospital, where Joglyn was declared dead on arrival.
The prosecution evidence tied the accused to the shooting weapon through positive identification and police retrieval and forensic findings.

Witness Identification and Sequence

Cresenciano Marikit testified that at about 12:30 a.m., he and Danilo Macasero were repairing a jeep outside his house when they heard noises from the accused’s house.
Cresenciano found that the accused and Joglyn were arguing about road repairs and the inconvenience caused by the dumping activities.
Cresenciano took Joglyn out of the house to prevent the argument from worsening and brought him to the store about thirty (30) meters away.
At the store, Cresenciano testified that the accused arrived armed with a snubnose .38 caliber revolver and fired at Joglyn.
Cresenciano stated that the first shot missed because the bullet got stuck in the barrel, and the second shot hit Joglyn near the left shoulder.
Cresenciano further testified that while Joglyn was on the ground, the accused fired a third shot but again the bullet got stuck.
Cresenciano attempted to wrest control of the gun; a scuffle ensued in which the accused lost possession and the firearm fell to the ground.
Danilo Macasero picked up the gun and threw it toward a nearby canal, and Joglyn was brought to the hospital.
Cresenciano testified that at the time of the shooting the accused was about two (2) meters away from the victim.
Danilo Macasero corroborated the shooting sequence, identification of the gun used, the wrestling, and the eventual retrieval of the firearm from the canal.
Danilo stated in open court that the firearm on exhibit was the same gun he retrieved and turned over to police.
The defense did not succeed in overturning these identifications.

Medical Findings and Forensic Evidence

The Supreme Court relied on the death certificate issued by medico-legal officer Dr. Jesus P. Cerna, PNP, Cebu City.
The medico-legal officer described the cause of death as hemorrhage, acute, severe, secondary to a gun shot wound at the victim’s left chest.
A .38 caliber slug was recovered from the second thoracic vertebra of the victim.
The description of the wound indicated a trajectory consistent with the victim being in a lower position than the assailant.
The Court noted the medico-legal finding of absence of powder burns and a determined distance of twenty-four (24) inches between the weapon and the skin at the entrance wound.
On the forensic aspect, police conducted paraffin examination and firearm testing, with positive gunpowder residue results on the accused’s hand casts and on the ballistic testing of the .38 revolver marked “EYR10995.”
The Court treated these forensic results as reinforcing the identification of the accused as the shooter and the firearm as the murder weapon.

Accused’s Version and Defense Theory

The accused denied shooting his son and denied owning the gun used in the shooting as presented by the prosecution.
The accused admitted his presence at the scene but maintained that two firearms were involved: a .38 caliber revolver snubnose allegedly belonging to someone else and his own .22 caliber revolver.
The accused alleged that his brother-in-law Cresenciano Marikit was also armed during the scuffle for the possession of the .22 paltik revolver.
The accused claimed that he fired a warning shot after hearing a commotion, believing thieves were in the neighborhood.
The accused asserted that when the scuffle oc