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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

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    G.R. No. 128536   January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 128536. January 31, 2000.]

    P/INSP. ROQUE G. GALANG, Petitioner, v. COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, Respondents.

    D E C I S I O N


    PARDO, J.:


    The case is an appeal via certiorari from the decision of the Court of Appeals 1 finding petitioner guilty of homicide and "appreciating the privileged mitigating circumstance of incomplete justifying circumstance of performance of duty as provided under paragraph 1, Article 13 in relation to paragraph 5, Article 11 of the Revised Penal Code", sentencing him to six (6) years of prision correccional, as minimum, to ten (10) years of prision mayor, as maximum, to indemnify the heirs of Carlos Oro in the amount of fifty thousand pesos (P50,000.00) and costs.chanroblesvirtuallawlibrary

    Police Inspector Roque G. Galang was originally charged with homicide by information filed with the Regional Trial Court, Romblon, Odiongan, Branch 82 which reads as follows:jgc:chanrobles.com.ph

    "That on or about the 26th day of November, 1992, at around 8:30 o’clock in the evening, in the Poblacion, Municipality of Alcantara, province of Romblon, Philippines, and within the jurisdiction of this Honorable Court, the said accused, with intent to kill, did then and there wilfully, unlawfully and feloniously shot with a .45 cal. pistol, one CARLOS G. ORO, inflicting upon the latter, mortal gunshot wounds in different parts of his body which were the cause of this death." 2

    After due trial on plea of not guilty, on May 17, 1994, the trial court rendered decision finding accused Police Inspector Roque G. Galang guilty, as charged, rejecting his claim of self defense. The dispositive portion of the decision reads:jgc:chanrobles.com.ph

    "WHEREFORE, premises considered, this Court finds the accused, Police Inspector Roque Galang, guilty beyond reasonable doubt of the crime of Homicide, as defined and prescribed under ART. 249 of the Revised Penal Code, and, with neither aggravating nor mitigating circumstances, their attendance having been off-set by each other, and applying the Indeterminate Sentence Law, he is hereby sentenced to an imprisonment of eight (8) years and one (1) day of prision mayor, as minimum to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum; (People v. Raquito Y. Tolentino, G. R. No. 90766, 13 August ‘90); to pay the heirs of the victim, Carlo Oro, the sum of P30,000.00 as damages; plus costs." 3

    In due time, Accused appealed to the Court of Appeals. 4

    On November 29, 1996, the Court of Appeals promulgated its decision affirming with modification that of the trial court, as set forth in the opening paragraph of this decision.

    On March 3, 1997, the Court of Appeals denied accused-appellant’s motion for reconsideration. 5

    Hence, this petition. 6

    The Court of Appeals found the following facts:jgc:chanrobles.com.ph

    "On November 26, 1992, the town of Alcantara in Romblon was in a festive mood since the provincial meet was being held, in a cultural program hold "Sayawitan" was scheduled that night.

    "That day also happened to be the birthday of Carlos Oro, and, ironically, the day of his demise. As it was his birthday, Carlos celebrated by going on a drinking spree. At around 7:00 o’clock that evening, Carlos went home, drunk. After a while, he left, never to return again. At around 8:00 o’clock, in front of the house of ex-Governor Solidum, Carlos figured in an altercation with one Jojo Marcelo. Later on, he similarly had a run-in with one Dennis Lota, who happened to pass by.

    "Reports of the altercation reached appellant who, together with policeman Adreo Galin and CAFGU members, proceeded to the place. Upon seeing Carlos, appellant drew his gun and pointed it at him, and said: "Carlos, buhe-i imong baril, ako si Inspector Galang" (Carlos, drop your gun, I am Inspector Galang). Carlos raised his hands, saying: "Nong Roque, indi ako mag laban" (Nong Roque, I will not fight back). Thereafter, appellant grab the right arm of Carlos and forced him to kneel on the ground with his right hand behind his back still being held by the appellant. It was in this position when appellant pumped two (2) bullets into Carlos who slumped to the ground. Appellant ordered his men to get a tricycle to bring Carlos to the hospital. He was pronounced dead upon arrival." 7

    At issue is whether the Court of Appeals erred in convicting the petitioner of homicide, not appreciating his claim of self-defense.

    We deny the petition.chanrobles virtual lawlibrary

    The rule is well established that factual findings of the trial court are binding on the Supreme Court when supported by substantial evidence on record and carry more weight when affirmed by the Court of Appeals. 8

    In this petition, petitioner imputes as errors the Court of Appeals’ failure to appreciate his claim of self-defense and its reliance on the testimonies of prosecution witnesses.

    We agree with the Court of Appeals that petitioner failed to prove his claim of self-defense. Generally, "the burden lies upon the prosecution to prove the guilt of the accused beyond reasonable doubt rather than upon the accused that he was in fact innocent." 9 However, if the accused admits killing the victim, but pleads self-defense, 10 the burden of evidence is shifted to him to prove such defense by clear, satisfactory and convincing evidence 11 that excludes any vestige of criminal aggression on his part. 12 To escape liability, it now becomes incumbent upon the accused to prove by clear and convincing evidence all the elements of that justifying circumstance. 13

    To successfully claim self-defense, the accused must prove the existence of all the following concurrent elements: (a) unlawful aggression on the part of the victim; (b) reasonable necessity of the means employed to prevent or repel the attack; and (c) the person defending himself must not have provoked the victim into committing the act of aggression. 14

    Petitioner claims that he fired upon Carlos Oro after the latter pointed a gun at him. The physical evidence does not support this claim. It was impossible for Carlos to be facing petitioner because the bullet’s trajectory was downward. 15 Carlos Oro was in kneeling position when petitioner mercilessly shot him from behind as he was begging for his life. 16

    Granting for the sake of argument that unlawful aggression was attendant at the initial stage, the same ceased to exist when Carlos Oro dropped his gun and was forced down on his knees. The threat to petitioner’s life was no longer attendant. He had no justification for shooting Carlos Oro. When unlawful aggression ceases, the defender no longer has the right to kill or even wound the former aggressor. 17

    Unlawful aggression is a condition sine qua non for the justifying circumstance of self-defense. There can be no self-defense, complete or incomplete, unless the victim has committed unlawful aggression against the person defending himself. 18 In the absence of such element, petitioner’s claim of self-defense must fail.

    However, the Court of Appeals erred in considering in favor of petitioner "the privileged mitigating circumstance of incomplete justifying circumstance of performance of duty as provided under paragraph 1, Article 13 in relation to paragraph 5, Article 11 of the Revised Penal Code." This circumstance can not be considered in view of the court’s own finding that the victim was disarmed and in kneeling position when petitioner mercilessly shot him from behind as he was begging for his life. "A peace officer is never justified in using necessary force in effecting arrest or in treating with wanton violence the arrested person or in resorting to dangerous means when the arrest could be effected otherwise." 19

    Petitioner was a police officer. Policemen are bound by their duty to protect life, liberty and property. As their position gives them a great deal of advantage in case they decide to turn to the other side of the law, we must be more exacting and vigilant in order to curtail the wrongful use of force for the better protection of the public.chanrobles.com : red

    IN VIEW WHEREOF, the petition is hereby DENIED, for lack of merit. We, however, set aside the decision of the Court of Appeals in CA-G.R. CR 16954, promulgated on November 29, 1996. Instead, the Court hereby renders judgment finding accused Police Inspector Roque G. Galang guilty beyond reasonable doubt of homicide, defined and penalized under Article 249 of the Revised Penal Code, with neither aggravating nor mitigating circumstance, their attendance having been offset by each other, and applying the Indeterminate Sentence Law, sentencing him to an indeterminate penalty of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum, to indemnify the heirs of the deceased Carlos Oro in the amount of fifty thousand pesos (P50,000.00), and to pay the costs.

    No costs in this instance.

    SO ORDERED.chanrobles.com.ph : red

    Davide, Jr., C.J., Puno, Kapunan and Ynares-Santiago, JJ., concur.

    Endnotes:



    1. In CA-G.R., CR No. 16954, promulgated on November 29, 1996, Justice Oswaldo D. Agcaoili, ponente, Justices Jorge S. Imperial and Buenaventura J. Guerrero, concurring, Rollo, pp. 20-39.

    2. Petition, Rollo, pp. 8-24, at p. 9.

    3. Rollo, pp. 28-39.

    4. Docketed as CA-G.R. CR No. 16954.

    5. Rollo, pp. 41-42.

    6. Filed on April 17, 1997, Rollo, pp. 8-26.

    7. Court of Appeals Decision promulgated on November 29, 1996, Rollo, pp. 28-39, at p. 29.

    8. Valgoson’s Realty, Inc. v. Court of Appeals, 295 SCRA 449 [1998]; Polotan, Sr. v. Court of Appeals, 296 SCRA 247 [1998]; Gonzales v. Court of Appeals, 298 SCRA 322 [1998]; Halili v. Court of Appeals, 287 SCRA 465 [1998]; Lagandaon v. Court of Appeals, 290 SCRA 330 [1998]; Salao v. Court of Appeals, 284 SCRA 493 [1998].

    9. People v. Lati, 184 SCRA 336, 345 [1990].

    10. People v. Magaro, 291 SCRA 681 [1998]; People v. Cawaling, 293 SCRA 267 [1998].

    11. People v. Macariola, 120 SCRA 92 [1983]; People v. Atienza, 116 SCRA 379 [1982]; People v. Valencia, 133 SCRA 82 [1984].

    12. People v. Sarense, 214 SCRA 780 [1992].

    13. People v. Aguilar, 292 SCRA 349 [1998]; People v. Noay, 296 SCRA 292 [1998].

    14. People v. Aguilar, supra; People v. Villamor, 292 SCRA 384 [1998].

    15. Findings of Dr. Maximo Reyes (NBI medico legal officer).

    16. Ibid.

    17. People v. Cawaling, supra; People v. Bitoon, G.R. No. 112451, June 28, 1999, citing People v. Alconga, 78 Phil. 366 [1947].

    18. People v. Cario, 288 SCRA 404 [1998].

    19. Chief Justice Ramon C. Aquino, The Revised Penal Code, 1987 edition, Vol. One, p. 205.

    G.R. No. 128536   January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.


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