FACTS:
On November 22, 1951, as a consequence of a shooting and beating spree which occurred in Sta. Cruz, Manila, Enrique Galacgac, a naturalized American Citizen and Paulino Galacgac were accussed of attempted parricide with physical serious injuries in Criminal Case NO. 19292 however, after trial Paulino was acquitted. Enrique was also charged with frustrated homicide in Criminal Case 19293, with two separate charges of attempted homicide, Criminal Case 19294 and 19295, and with illegal possession of firearms in Criminal Case No.19296 however, likewise after trial was acquitted from the Criminal Case 19293 and 19294 but convicted for Criminal Case 19292, 19295 and 19296. And Pablo Soriano was accused of frustrated homicide in Criminal case 19297.
For the Criminal Case 19292, serious physical injuries; Criminal Case 19295, attempted homicide and Criminal Case 19296, illegal possession of firearms he was sentenced to suffer respectively, four months of arresto mayor, an indeterminate penalty of from six months of arresto mayor to one year and eight months of prision correctional and an imprisonment of one year and one day.
Pablo Soriano was found guilty of the crime of serious physical injuries, and was sentenced to an indeterminate penalty of from six months of arresto mayor to one year and eight months of prision correctional and to pay the cost except for criminal case 19292, Enrique was ordered to pay one-half of the cost. Not satisfied Enrique and Soriano appealed the judgments.
On appeal, Galacgac claimed that the firearm was a homecoming present for his wife and that he arrived at 3:00pm in Manila however the Phil Constabulary closes at 4:00pm and therefore he failed to secure a license for the firearm. Likewise, he claimed that being an American Citizen he couldn’t be prosecuted and likewise convicted of illegal possession of firearm since in the United States it is a constitutional right “to keep and bear arms.”
The indiscriminate shooting which resulted to the injury of Marina Ramos and Alfonso Ramos was brought about by the hitting of Pablo Soriano with an iron bar on the forehead of Enrique twice causing blood to profusely ooze from his head and thus making him dizzy and dimming his vision, when the latter interfered in a marital argument.
ISSUE:
Whether or not Galacgac was liable for the crimes committed.
RULING:
The SC modified the judgment of the lower court, Enrique Galacgac was sentenced to suffer ten days of arresto menor and pay one-half of the cost of Criminal Case 19292; undergo same number of days of arresto menor and to pay the cost in Criminal Case 19295; and an indeterminate imprisonment of from one year to two years and six months, and to pay the cost for Criminal Case 19296.
Pablo Soriano was sentenced to suffer fifteen days of arresto menor and to pay the cost in Criminal Case 19297.
Enrique Galacgac claimed that he is exempt from prosecution being and American Citizen and an employee of the U.S. Navy. The SC held that a mere civilian of the U.S. Navy is not entitled to any extra –territorial privilege for, strictly speaking, he is not a member of the armed forces of the United States Army.
With regards to the illegal possession of firearms, based on sec.892 of the Revised Administrative Code, ordains that any person, whether a national or foreigner, coming to the Philippines and bringing with him any firearm, must deposit the same with the Collector of Customs who in turn must deliver it to the Phil Constabulary, from which the firearm cannot be taken until the importer shall have secured a license to possess it.
With regards to Pablo Soriano’s claim that he acted in defense of Concepcion, his testimony was belied by Concepcion Ramos and Mauricio Ramos proving that Soriano did not act in defense of his person and his family