GR L 21270; (November, 1966) (Digest)
G.R. No. L-21270 November 22, 1966
People of the Philippines, plaintiff and appellee, vs. Manuel Dadis, defendant and appellant.
FACTS
The appellant, Manuel Dadis, a member of the police force of Lagonoy, Camarines Sur, was convicted of murder for shooting and killing Alfredo Estrelles on the evening of May 10, 1954, in Barrio Baliwag. The prosecution’s evidence established that Estrelles was walking near his house when he heard someone say “halt” and cock a gun; scared, he ran away. Dadis, standing beside a coconut tree, then fired his rifle at Estrelles, inflicting two gunshot wounds that caused his death. The defense claimed Dadis was ordered to disarm Estrelles due to a prior threat, and that he shot only after Estrelles ignored warnings, advanced towards him, and made a motion as if to draw a gun. The trial court rejected the defense version, crediting the testimony of a prosecution witness who stated Estrelles was running away when shot, a fact partly admitted by Dadis. The location of the wounds (one on the left side below the axila and another on the right side of the back) also contradicted the claim that Estrelles was advancing towards Dadis.
ISSUE
Whether the crime committed by appellant Manuel Dadis is murder, qualified by evident premeditation or treachery, or the lesser crime of homicide.
RULING
The Supreme Court modified the trial court’s decision. It held that the crime committed was homicide, not murder. The qualifying circumstances of evident premeditation and treachery were not present. Evident premeditation was absent because Dadis went to the scene by order of his superior to disarm Estrelles. Treachery was not established because, although Estrelles was running away and defenseless, Dadis did not purposely take advantage of this; the record indicated Dadis believed Estrelles was armed and was merely scared and “trigger happy.” Consequently, the offense is homicide. The Court sentenced Dadis to an indeterminate penalty of 10 years of prision mayor to 17 years of reclusion temporal, with accessory penalties, and increased the indemnity to the heirs of Estrelles to P6,000.