G.R. No. 171655 - People vs. Estacio, Jr.

Barangay officials and police investigated a broken padlock and stolen palay at the Rance bodega.
Appellant and six companions arrived; tension escalated when Dante Regis threw a piece of wood.
Barangay Captain Orbe and Kagawad Macalipay attempted to pacify the group.
Appellant drew a homemade shotgun (“pugakang”) and fatally shot Macalipay and Santos; he also wounded Melchor Recto and Orbe.
There was no unlawful aggression by the victims to justify self-defense.

RTC: Five cases against appellant—Nos. 1970 & 1971 (direct assault with frustrated homicide), No. 1972 (direct assault with murder), No. 1973 (homicide), No. 1975 (illegal firearm possession).
RTC Decision (April 2, 1997):
• Nos. 1970 & 1971: Qualified direct assault with frustrated homicide, prision mayor (8y1d–10y1d)
• No. 1972: Qualified direct assault with murder, death penalty + ₱50,000 indemnity
• No. 1973: Homicide, reclusion temporal (8y1d–13y9m10d) + ₱50,000 indemnity
• Exhibits confiscated; penalties to run successively
Automatic Supreme Court review due to imposition of death penalty

Self-defense and defense of a relative require proof of unlawful aggression, necessity of means, and absence of provocation. No such aggression occurred; victims were unarmed or retreating.
Direct assault against agents of authority applies only if the victim was on duty or attacked on occasion of duty.
• Melchor Recto (tanod) was not performing official duties—attack on him is attempted homicide, not direct assault.
• Percival Orbe (barangay captain) was on duty—attack is qualified direct assault with attempted homicide.
Treachery demands a deliberate, calculated mode of attack that leaves the victim defenseless. Here, the killing of Macalipay was sudden, without premeditation or deliberate exploitation of vulnerability. The correct offense is homicide—qualified direct assault with homicide by weapon.

Criminal Case No. 1970: Convicted of attempted homicide; sentenced under the Indeterminate Sentence Law to 4 months arresto mayor (minimum) to 4 years 2 months prision correccional (maximum).
No. 1971: Convicted of qualified dire

On April 18, 1994 at around 5:00 p.m., parties convened at the Rance bodega in Brgy. Ambulong, Magdiwang, Romblon, to investigate a destroyed padlock and stolen palay.
Barangay Captain Percival Orbe, Kagawad Antonio Macalipay (BARC chair), and Tanod Melchor Recto, along with SPO4 Rafol and SPO1 Male, conducted initial inquiries.
Appellant Julio Recto y Robea, his cousin Melchor Recto, Cornelio Regis Jr., and others arrived in a group of seven, halted near the rice trap (“trampa”), and tensions rose when Dante Regis threw a piece of wood toward the investigating party.
Captain Orbe and Kagawad Macalipay attempted to pacify the group; appellant withdrew, produced a homemade shotgun (“pugakang”), and shot Macalipay.
Melchor Recto hid, observed a gun duel between appellant and Emiliano “Renato” Santos (who died), then fled; appellant also shot Melchor and Orbe in the back as they escaped.

Five Informations (Cr. Cases No. 1970–1975) were filed between September 22 and October 18, 1994, charging appellant with:
· Qualified direct assault with frustrated homicide (Nos. 1970, 1971)
· Qualified direct assault with murder (No. 1972)
· Homicide (No. 1973)
· Illegal possession of firearm and ammunition (No. 1975)
Appellant pleaded not guilty on November 24, 1994, and was tried by RTC Romblon, Branch 81.
On April 2, 1997, RTC convicted him as follows:
· Nos. 1970 & 1971 – qualified direct assault with frustrated homicide, 8 years 1 day to 10 years 1 day prision mayor each
· No. 1972 – qualified direct assault with murder, death penalty + ₱50,000 indemnity
· No. 1973 – homicide, 8 years 1 day to 13 years 9 months 10 days + ₱50,000 indemnity
RTC ordered confiscation of weapons, credited preventive imprisonment, and imposed accessory penalties.

RTC found treachery in Macalipay’s killing but ruled out treachery for Santos due to a mutual gunfight.
Appellant’s errors on ap