Title
Tangan vs. Court of Appeals
Case
G.R. No. 105830
Decision Date
Jan 15, 2002
Eladio Tangan fatally shot a victim during a heated argument; physical evidence and eyewitness testimony disproved his self-defense claim, leading to a modified penalty.

Case Summary (G.R. No. 206768)

Applicable Law

This case is governed by the Revised Penal Code of the Philippines and pertinent provisions of the 1987 Philippine Constitution, given that the decision date is within the stipulated period.

Case Background

The initial ruling on February 23, 2001, dismissed a separate petition (G.R. No. 103613) while affirming the decision in G.R. No. 105830. Tangan was sentenced to an indeterminate penalty of imprisonment ranging from six years and one day of prision mayor to fourteen years, eight months, and one day of reclusion temporal, alongside monetary obligations for indemnity, funeral expenses, attorney’s fees, and moral damages to the victim’s heirs.

Motion for Reconsideration

Tangan filed a Motion for Reconsideration, arguing that the Supreme Court erred by disregarding mitigating circumstances acknowledged by the trial court and the Court of Appeals, which led to an increased penalty that severely impacted him. He emphasized the psychological burden of potentially being reincarcerated after serving more than four years of preventive confinement.

Review of Facts and Evidence

Despite Tangan's assertions of self-defense, it was noted that he did not raise this defense during the trial. The Court found that the mitigating circumstances of incomplete self-defense, sufficient provocation, and passion and obfuscation were indeed acknowledged by the lower courts. However, the Supreme Court's review revealed that the evidence did not substantiate these findings, thus it was within its prerogative to correct the lower courts’ assessments.

Assessment of Physical Evidence

Physical evidence contradicted Tangan's account of the incident, establishing details of the shooting's mechanics. Testimony from a medical examiner indicated that the gun was fired from a distance of approximately two to three inches, suggesting a direct confrontation between Tangan and the victim rather than an accidental shooting. The nature of the revolver's mechanism further supported this conclusion, as it requires deliberate action to discharge.

Eyewitness Testimony

Eyewitness testimonies corroborated the physical evidence, asserting that Tangan drew the firearm from his vehicle and shot the victim without justification. One defense witness's testimony was scrutinized due to inconsistencies, undermining Tangan's credibility.

Legal Determination of Self-Defense

The Court ruled that there was no unlawful aggression on the part of the victim, as the altercation was characterized by verbal disputes rather than physical confrontation. The Court established that unlawful aggression is a necessary precondition for asserting self-defense, which was absent in this case. Consequently, the Court concluded that Tangan's actions represented a disproportio

...continue reading

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.