G.R. No. 128986 - PEOPLE OF THE PHILIPPINES, VS. COURT OF APPEALS AND CASAN MAQUILING. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the decision of the Regional Trial Court of Lanao del Norte, Branch 5 dated September 25, 1995 is hereby SET ASIDE and a new order is hereby issued ACQUITTING the accused of the crimes charged. xxx xxx xxx "Costs de oficio." [4] On the other hand, the dispositive portion of the RTC Decision reads: "WHEREFORE, the foregoing premises considered, judgment is hereby rendered declaring the accused guilty beyond reasonable doubt of homicide for killing the deceased Frederick Pacasum, and of serious physical injuries for having physically injured Oligario Villarimo. "For killing Frederick Pacasum, there being no aggravating or mitigating circumstances attendant, accused is condemned to suffer an indeterminate penalty of [n]ine (9) years of prision mayor to [f]ifteen (15) years reclusion temporal, and pay the civil liability herein above-awarded, including the cost of the suit. "For the physical injuries of Oligario Villarimo, there being no aggravating and mitigating circumstance attendant too, accused is condemned to suffer a straight penalty of six (6) months ar[r]esto mayor. "The period of detention that accused underwent during the pendency of trial shall be credited in full, in the service of his sentence." [5] The Facts Both the prosecution's and the defense's versions of the incident that gave rise to this controversy were adequately summarized by the appellate court as follows: "The prosecution's witnesses insisted that it was Ramil Maquiling who first boxed the deceased Frederick Pacasum who was compelled to box back. That the appellant, elder brother of Ramil, appeared from nowhere and boxed the deceased. Thereafter the accused and his brother (Ramil) ran out of the disco but when the deceased and his companions followed outside, Ramil Maquiling and his companions were waiting and another fist fight ensued. "While the commotion was going on, appellant went to his parked Isuzu Trooper and got his .45 caliber pistol. Appellant then approached the deceased. Before he could reach him, Audie Pacasum who was with the group of the deceased, tried to prevent appellant from using his gun. Appellant then fired a warning shot causing the people around to scamper for safety. The deceased turned his back to see what was going on. At that moment, appellant shot the deceased twice on the left thigh. The deceased fell on the ground lying on his back with his hands clutching his left thigh. Appellant then approached the deceased and fired another shot hitting the deceased on the chest. Jojo Villarimo was himself shot in the leg. As a consequence of the gunshot wounds, Frederick Pacasum died while Jojo Villarimo suffered gunshot wounds on his upper right leg which required medical attendance for six (6) months. "The accused and his witnesses on the other hand, maintained that while the accused was entertaining his guests at the Spectrum Disco located in the basement of Iligan Village Hotel, he saw Frederic[k] Pacasum and Ramil Maquiling, his younger