Ramon Josue vs. People

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G.R. No. 199579
December 10, 2012


The petitioner was charged with the crime of frustrated homicide before the Regional Trial Court (RTC) of Manila, via an information that reads:

That on or about May 1, 2004, in the City of Manila, Philippines, the said accused, with intent to kill, did then and there willfully, unlawfully and feloniously, attack, assault and use personal violence upon the person of ARMANDO MACARIO y PINEDA a.k.a. BOYET ORA, by then and there shooting the said Armando Macario y Pineda a.k.a. Boyet Ora several times with a cal. 45 pistol hitting him on the different parts of his body, thus performing all the acts of execution which should have produced the crime of Homicide, as a consequence, but nevertheless did not produce it by reason of causes independent of his will, that is, by the timely and able medical attendance rendered to the said ARMANDO MACARIO y PINEDA a.k.a. BOYET ORA which prevented his death thereafter.

Dr. Tiongson (star witness) confirmed that Macario sustained three (3) gunshot wounds: (1) one on his right hand, (2) one on his left elbow, and (3) one indicating a bullet’s entry point at the posterior of the chest, exiting at the anterior line. Dr. Calalang took note of the tiny metallic foreign bodies found in Macario’s x-ray results, which confirmed that the wounds were caused by gunshots. Further, she said that the victim’s injuries were fatal, if not medically attended to. Macario incurred medical expenses for his treatments.

petitioner declared to have merely acted in self-defense. He claimed that on the evening of May 1, 2004, he, together with his son Rafael, was watching a television program when they heard a sound indicating that the hood of his jeepney was being opened. He then went to the place where his jeepney was parked, armed with a .45 caliber pistol tucked to his waist. There he saw Macario, together with Eduardo Matias and Richard Akong, in the act of removing the locks of his vehicle’s battery. When the petitioner sought the attention of Macario’s group, Macario pointed his .38 caliber gun at the petitioner and pulled its trigger, but the gun jammed and failed to fire. The petitioner then got his gun and used it to fire at Macario, who was hit in the upper arm. Macario again tried to use his gun, but it still jammed then fell on the ground. As Macario reached down for the gun, the petitioner fired at him once more, hitting him at the back. When Macario still tried to fire his gun, the petitioner fired at him for the third time, hitting his hand and causing Macario to drop his gun. The petitioner got Macario’s gun and kept it in his residence.


Whether Josue is entitled to claim Self Defense. NO.


As against the foregoing parameters, the Court finds, and so holds, that both the trial and appellate courts have correctly ruled on the petitioner’s culpability for the crime of frustrated homicide, which has the following for its elements:

(1) the accused intended to kill his victim, as manifested by his use of a deadly weapon in his assault;
(2) the victim sustained fatal or mortal wound/s but did not die because of timely medical assistance; and
(3) none of the qualifying circumstance for murder under Article 248 of the Revised Penal Code is present.

These elements were duly established during the trial.

By invoking self-defense, appellant admitted committing the felonies for which he was charged albeit under circumstances which, if proven, would justify his commission of the crimes. Thus, the burden of proof is shifted to appellant who must show, beyond reasonable doubt, that the killing of Damaso and wounding of Anthony were attended by the following circumstances: (1) unlawful aggression on the part of the victims; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself.

In order to be exonerated from the charge, the petitioner then assumed the burden of proving, beyond reasonable doubt, that he merely acted in self-defense. Upon review, we agree with the RTC and the CA that the petitioner failed in this regard.

While the three elements quoted above must concur, self-defense relies, first and foremost, on proof of unlawful aggression on the part of the victim. If no unlawful aggression is proved, then no self-defense may be successfully pleaded. “Unlawful aggression” here presupposes an actual, sudden, and unexpected attack, or imminent danger of the attack, from the victim.

In the present case, particularly significant to this element of “unlawful aggression” is the trial court’s finding that Macario was unarmed at the time of the shooting, while the petitioner then carried with him a .45 caliber pistol. According to prosecution witness Villanueva, it was even the petitioner who confronted the victim, who was then only buying medicine from a sari-sari store. Granting that the victim tried to steal the petitioner’s car battery, such did not equate to a danger in his life or personal safety. At one point during the fight, Macario even tried to run away from his assailant, yet the petitioner continued to chase the victim and, using his .45 caliber pistol, fired at him and caused the mortal wound on his chest. Contrary to the petitioner’s defense, there then appeared to be no “real danger to his life or personal safety,” for no unlawful aggression, which would have otherwise justified him in inflicting the gunshot wounds for his defense, emanated from Macario’s end.

The weapon used and the number of gunshots fired by the petitioner, in relation to the nature and location of the victim’s wounds, further negate the claim of self-defense. For a claim of self-defense to prosper, the means employed by the person claiming the defense must be commensurate to the nature and extent of the attack sought to be averted, and must be rationally necessary to prevent or repel an unlawful aggression.

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