G.R. No. 215202 - People vs. Clemeno

Case Summary (G.R. No. 215202)

Factual Background

On June 23, 1994, at about 6:00 P.M., accused-appellant entered People’s Restaurant in Baguio City with two companions, ordered drinks, and, after an initial disturbance, left and soon returned armed. According to prosecution witnesses, notably waitress Fely Batanes, appellant brandished a handgun, entered the kitchen where the victim Marcelino Buslay Florida, Jr. worked, stealthily approached the victim from behind and fired multiple rounds. The victim fell and later died from hypovolemic shock due to multiple gunshot wounds. A pursuing bystander shouted appellant was armed; SPO2 Fernandez apprehended appellant, frisked him and recovered a Paltik .38 revolver, Serial Number 853169, with six empty cartridges. Appellant and the firearm were turned over to the police and a Joint Affidavit of Arrest was executed.

Charges and Informations

Accused-appellant was charged in two informations filed June 28, 1994. In Criminal Case No. 13102-R he was charged with murder under Article 248, Revised Penal Code, as amended, alleging treachery and the use of an unlicensed firearm. In Criminal Case No. 13100-R he was charged with illegal possession of a firearm under P.D. No. 1866, specifically for possession and carrying outside his residence of a .38 revolver bearing Serial Number 853169 without authority.

Trial Evidence

At trial accused-appellant pleaded Not Guilty and the cases were tried jointly. The prosecution presented eyewitness testimony, including identification by Fely Batanes, the Joint Affidavit of Arrest, and physical evidence consisting of the recovered firearm (Exhibit A) and empty cartridges (Exhs. T–T6). NBI forensic chemist Carina Javier found nitrates on both hands of appellant and concluded the firearm had been fired within one week prior to June 27, 1994. Ballistician Elmer Nelson Piedad testified that the slugs recovered from the victim were fired from appellant’s firearm. Verification from the Firearms Explosive Division at Camp Crame showed appellant was not a licensed firearm holder and the subject firearm was unregistered. The medical evidence consisted of the necropsy report by Dr. John Tinoyan documenting multiple gunshot wounds to the chest, shoulders, abdomen and other parts with cause of death stated as hypovolemic shock secondary to massive hemorrhage.

Autopsy Findings

The necropsy report described multiple gunshot wounds with recovered slugs and positive powder burns on several wounds. One wound indicated a downward trajectory through thoracic and abdominal viscera, another lodged on the humerus region, and further wounds were found on the back and parasternal area. The pathologist concluded death resulted from massive hemorrhage due to multiple gunshot wounds of the liver, stomach, small intestine and mesenteric vessels.

Accused’s Defense

Accused-appellant admitted shooting the victim but asserted self-defense. His version, as presented in his brief and testimony, stated that a quarrel had erupted between his companion Ramon Fernandez and the victim, that appellant seized a gun from Fernandez to prevent harm, and that the victim later charged at appellant from the kitchen armed with a bolo. Appellant claimed he fired only to prevent imminent harm and that he intended to surrender the weapon and report the incident to police; he said he was arrested before reaching the station.

Trial Court Decision

On November 13, 1995, Branch 6, Regional Trial Court, Baguio City, Judge Ruben C. Ayson presiding, found AUGUSTO LORETO RINGOR, JR. guilty beyond reasonable doubt of murder under Article 248, Revised Penal Code, as amended by Section 6, R.A. 7659, qualified by treachery and by the use of an unlicensed firearm, and sentenced him to death. The trial court also found him guilty of violation of P.D. No. 1866 (illegal possession of firearms) and imposed an indeterminate sentence of 17 years, 4 months and 1 day to 20 years, and ordered forfeiture of the firearm.

Issues on Appeal

Accused-appellant raised three principal assignments: (I) that the trial court erred in convicting him for illegal possession of firearms and in the sentence imposed; (II) that the trial court erred in convicting him of murder; and (III) that the trial court erred in imposing the death penalty because the prosecution did not prove murder and, alternatively, because no aggravating circumstance justified a death sentence instead of reclusion perpetua.

Supreme Court’s Analysis on Self‑Defense

The Court reiterated the settled rule that pleading self-defense concedes authorship and shifts to the accused the burden to prove unlawful aggression, reasonable means, and absence of sufficient provocation. Applying that standard, the Court found accused-appellant failed to prove unlawful aggression by the victim. Eyewitness Fely Batanes testified the victim was unarmed in the kitchen when shot. The autopsy findings and ballistic evidence showed multiple shots, several from behind and at a distance less than one meter, and a downward trajectory inconsistent with appellant’s claim that he shot while prone and that the victim was about to strike with a bolo. The Court concluded the account of an imminent bolo attack was self-serving and unsupported and that multiple successive shots negated the claim of an act of necessary defense.

Treachery as Qualifying Circumstance

The Court agreed with the trial court that treachery attended the killing. The evidence showed accused-appellant approached the victim from behind and fired six successive shots without warning, affording the victim no opportunity to defend or flee. The Court held that the method of attack presented no risk to the assailant from any retaliatory act and therefore established treachery, qualifying the homicide to murder.

Penalty Assessment and Non‑applicability of Post‑Offense Amendment to Increase Penalty

The Court explained that under Article 248, Revised Penal Code, as then in force, murder carried the penalty of reclusion perpetua to death. The Court held that where neither mitigating nor aggravating circumstances attend, the lesser penalty of reclusion perpetua must be applied pursuant to Article 63(2), Revised Penal Code. The trial court’s use of the unlicensed character of the firearm to elevate the penalty to death was erroneous because at the time of the commission of the offense (June 23, 1994) the use of an unlicensed firearm was not an aggravating circumstance. The amendatory provision of R.A. No. 8294 that l

Case Syllabus (G.R. No. 215202)

Parties and Posture

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE prosecuted two informations against AUGUSTO LORETO RINGOR, JR., ACCUSED-APPELLANT for murder and illegal possession of firearms.
The trial court of Branch 6, Regional Trial Court, Baguio City, convicted the accused of murder and illegal possession of firearms and sentenced him to death for murder and to an indeterminate term for illegal possession.
The decision of the trial court dated November 13, 1995 was before the Court on automatic review.
The Supreme Court rendered judgment modifying the penalty for murder and dismissing the illegal possession count in light of intervening legislation.

Key Facts

The shooting occurred on June 23, 1994 at People’s Restaurant in Baguio City where the victim, Marcelino Buslay Florida, Jr., was a cook.
Eyewitness waitress Fely Batanes testified that the accused suddenly returned to the restaurant, brandished a gun, entered the kitchen, stealthily approached the victim from behind and fired six successive shots.
The victim was found lying in the kitchen with multiple gunshot wounds and succumbed to hypovolemic shock secondary to massive hemorrhage.
Police recovered a Paltik .38 revolver bearing Serial Number 853169 on the person of the accused with six empty cartridges in the cylinder.
Forensic tests showed the accused’s hands tested positive for nitrates, the gun was fired within one week prior to June 27, 1994, and ballistic examination linked the slugs recovered from the victim to the accused’s firearm.
The accused admitted shooting the victim but claimed that he acted in self-defense after the victim allegedly charged at him with a bolo.

Charges

The first information charged the accused with murder under Article 248 of the Revised Penal Code as amended by Section 6, R.A. No. 7659, alleged to be qualified by treachery and by the use of an unlicensed firearm.
The second information charged the accused with illegal possession of firearms under P.D. No. 1866 for possessing a .38 revolver without a license or permit.

Trial Evidence

Eyewitness testimony of Fely Batanes placed the accused at the scene, approaching the victim from behind and firing multiple shots without warning.
The autopsy report by Dr. John Tinoyan described multiple gunshot wounds to the liver, stomach, small intestine and mesenteric vessels and identified hypovolemic shock as the cause of death.
NBI forensic chemist Carina Javier testified that both hands of the accused tested positive for nitrates and that the firearm had been fired within one week prior to testing.
NBI ballistics expert Elmer Nelson Piedad testified that the slugs taken from the victim were fired from the recovered .38 revolver.
A Joint Affidavit of Arrest and inventory of the recovered firearm were introduced into evidence and the weapon was declared unlicensed upon verification with the firearms registry.

Defense

The accused asserted self-defense and testified that he seized a gun from a companion and shot the victim only when the victim, armed with a bolo, charged at him and threatened to strike while the accused was in a nearly prone position.
The accused contended that he surrendered the fire