GR 63009; (January, 1994) (Digest)
G.R. No. L-63009 January 19, 1994
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANGELITO OCAÑA, accused-appellant.
FACTS
On September 7, 1975, in Villareal, Samar, Agustin Latorre was drinking with others at Daniel Maruto’s house. An altercation occurred between Latorre and Esteban Mabute, during which Latorre pulled a firearm, but they were pacified. Later, appellant Angelito Ocaña, the chief of police, entered the house to inform Latorre of Mabute’s complaint and demanded Latorre accompany him. Latorre refused, asking if Ocaña had a warrant, prompting Ocaña to leave. About fifteen minutes later, as Latorre left the house, prosecution witnesses saw Ocaña with others nearby. Ocaña suddenly pushed Latorre, struck his hand and forehead with a piece of wood (“baje”), causing Latorre to fall. Andresito Cabueños shouted, “Kill him because he is a nuisance in our town!” Ocaña then drew his revolver and fired four shots at Latorre. The autopsy revealed Latorre died from severe hemorrhage due to multiple gunshot wounds. Ocaña claimed self-defense, stating Latorre shot at him first, but the trial court found his version inconsistent with the physical evidence. The Court of First Instance convicted Ocaña of murder.
ISSUE
Whether the trial court erred in convicting appellant Angelito Ocaña of murder.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The trial court did not err in finding appellant guilty beyond reasonable doubt. The killing was attended by treachery because the victim was suddenly pushed in the dark, struck with a piece of wood, and shot almost instantaneously, giving him no chance to defend himself. Appellant’s claim of self-defense was unsubstantiated and conflicted with the physical evidence. However, the Court noted appellant voluntarily surrendered, constituting an ordinary mitigating circumstance. Applying the Indeterminate Sentence Law, the penalty was modified to an indeterminate sentence of ten (10) years and one (1) day of prision mayor maximum as minimum, to twenty (20) years of reclusion temporal as maximum. The death indemnity was increased to P50,000.00.