GR 168997; (April, 2007) (Digest)
G.R. No. 168997 . April 13, 2007. GREGORIO PELONIA, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.
FACTS
Petitioner Gregorio Pelonia was charged with Murder for shooting Ignacio Nacilla. The prosecution evidence established that on the eve of a barangay fiesta, the victim Nacilla, along with companions, was invited to supper at Pelonia’s house. A long-standing grudge existed because Pelonia had previously reported Nacilla to the military. During the gathering, Nacilla provocatively declared his purpose was not to eat but to kill Pelonia, insulting him in his own home. Enraged, Pelonia retrieved his rifle. After a warning shot and attempts to pacify the situation failed, with Nacilla refusing to leave and declaring he would not go down unless someone was killed, Pelonia shot the victim.
Pelonia interposed self-defense, claiming Nacilla assaulted him and his family. The Regional Trial Court convicted him of Homicide, appreciating the mitigating circumstance of voluntary surrender. The Court of Appeals affirmed the conviction but modified the penalty, rejecting voluntary surrender.
ISSUE
Whether the Court of Appeals correctly affirmed petitioner’s conviction for Homicide and properly appreciated the mitigating circumstances.
RULING
Yes. The Supreme Court affirmed the conviction for Homicide but modified the penalty. The Court upheld the factual findings of the lower courts, which rejected the claim of self-defense. For self-defense to prosper, the accused must prove unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation. Here, the aggression had ceased; Nacilla, though belligerent, was not committing an actual physical attack at the precise moment he was shot. His threats and refusal to leave constituted a continuing threat, but the immediate unlawful aggression required for complete self-defense was absent.
However, the Court found the presence of two mitigating circumstances: (1) sufficient provocation on the part of the victim, as Nacilla’s grave insults in Pelonia’s home immediately preceded the act, and (2) voluntary surrender, as Pelonia presented himself to authorities the morning after the incident. With two mitigating circumstances and no aggravating circumstances, the penalty was lowered by one degree from Homicide to the next lower penalty under Article 64(5) of the Revised Penal Code. Consequently, petitioner was sentenced to an indeterminate penalty of six years of prision correccional, as minimum, to eight years and one day of prision mayor, as maximum.