G.R. No. 37012 -13 July 3, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GERARDO NOMAT, SR., GERARDO NOMAT, JR., and FERMIN NOMAT, accused-appellants.

FACTS

On April 29, 1970, Antonio Ricarze, Jr. and his companions pushed Cesar Borromeo, a companion of Santos Nomat, inside a jeepney. Santos reported the incident to his father, Gerardo Nomat, Sr., and brother, Fermin. That evening, Gerardo Nomat, Sr., Fermin, and Santos, armed with guns, went to the San Jose Academy looking for Ricarze’s group. Fermin aimed his gun at Nelson Dava, and Gerardo Nomat, Sr. said, “No more talking, shoot him at once.” The next day, April 30, 1970, at around 8:00 PM, Gerardo Nomat, Jr., Fermin, Santos, and Nestor Navarro were at the Modern Life Restaurant, where Fermin and Gerardo Nomat, Jr. displayed their revolvers. Later, inside the public market, Gerardo Nomat, Jr. and Fermin met Antonio Ricarze, Jr. and Josephus Paciente. An argument ensued, and Fermin suddenly shot Ricarze, Jr. Gerardo Nomat, Jr. also drew his gun and fired at Ricarze, Jr. Gerardo Nomat, Sr. and Santos, arriving with guns, likewise fired at Ricarze, Jr., who fell. Gerardo Nomat, Jr. continued firing at the fallen victim. During the shooting, Leandro Lazo, Jr., an assistant market collector, was hit by a bullet. Fermin also shot and wounded Josephus Paciente. Other bystanders (Jose Abagat, Leonila Fabila, Leon Bungay) suffered gunshot wounds from stray bullets. Fermin surrendered to the police, admitting he shot Ricarze, Jr. due to a personal grudge. The accused were charged with Murder and multiple attempted Murder (Criminal Case No. 109) and Fermin was separately charged with Frustrated Homicide (Criminal Case No. 124). The trial court convicted Gerardo Nomat, Sr., Gerardo Nomat, Jr., and Fermin Nomat of Murder, and also found Gerardo Nomat, Jr. guilty of attempted homicide for wounding Lazo, and Fermin guilty of attempted homicide for wounding Paciente. Santos Nomat was acquitted of murder due to insufficient evidence. The accused appealed.

ISSUE

Whether the guilt of the accused-appellants for the crimes charged was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the trial court’s decision with modification. The Court found no merit in the defenses. Fermin Nomat’s claim of self-defense failed because he did not prove by clear and convincing evidence the elements of unlawful aggression, reasonable necessity of means, and lack of sufficient provocation. His testimony was inconsistent with the physical evidence (the trajectory of bullets indicated the victim was shot while lying down, not standing). No gun was found on or near Ricarze, Jr., contradicting the claim that Ricarze fired first. The defenses of denial by the other appellants were likewise rejected. The Court found that the series of events—the reporting of the initial pushing incident, the armed search for the victim’s group at the academy the previous night, the display of guns at the restaurant, and the concerted attack by the appellants in the market—established conspiracy and premeditation to kill Antonio Ricarze, Jr. The Court upheld the trial court’s findings on witness credibility. The decision was AFFIRMED with the modification that the indemnity to the heirs of Antonio Ricarze, Jr. was increased to P50,000.00.