GR 100800; (January, 1993) (Digest)
G.R. No. 100800 January 27, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO BONIAO, accused-appellant.
FACTS
On the morning of February 1, 1990, Adolfo Estampa, Cirilo Dispolo, Alfredo Llano, Sr., and Alfredo Llano, Jr. were shot to death in front of a sari-sari store in Sitio Katigahan, Mat-i, Surigao City. The assailant, identified as Romeo Boniao, a CAFGU member, approached the victims from behind and fired his M-14 armalite rifle at them while they were seated on a bench, facing the store and having snacks. Each victim sustained multiple gunshot wounds. Boniao voluntarily surrendered later that same day, claiming he killed the victims in self-defense. After preliminary investigation, he was charged with four separate crimes of murder in an Information filed on February 16, 1990, with the qualifying circumstance of treachery. During pre-trial and trial, Boniao admitted responsibility for the killings and reiterated his claim of self-defense. The prosecution presented witnesses, including the store owner and the medico-legal officer, while the defense presented Boniao and the military men to whom he surrendered. The trial court rejected the claim of self-defense, found the killings attended by treachery and evident premeditation, and convicted Boniao of four counts of murder, sentencing him to reclusion perpetua for each.
ISSUE
The primary issue is whether the accused-appellant, Romeo Boniao, acted in self-defense, thereby justifying or exempting him from criminal liability for the killing of the four victims.
RULING
The Supreme Court affirmed the decision of the trial court, finding the accused-appellant guilty of four counts of murder qualified by treachery. The Court rejected the claim of self-defense. It held that the essential element of unlawful aggression on the part of the victims was not established. The physical evidence, particularly the location and nature of the gunshot wounds (including entrance wounds on the posterior parts of the victims’ bodies and wounds with gunpowder tattooing indicating firing at close range), contradicted Boniao’s story of a struggle for possession of the rifle. The Court found that the attack was sudden and from behind, while the victims were unarmed and seated, ensuring they had no opportunity to defend themselves, which constituted treachery. The Court modified the damages awarded but sustained the penalties of reclusion perpetua for each count of murder.