GR 107328; (September, 1994) (Digest)
G.R. No. 107328 September 26, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EFREN DULOS, defendant-appellant.
FACTS
Accused-appellant Efren Dulos, a member of the AFP, was charged with murder for shooting Apolinario Tamse. The incident stemmed from a dispute at a hotel where a female entertainer, Susan Almazar, reneged on a deal with Dulos’s guest. Later that night, Tamse, Almazar’s boyfriend, apologized to Dulos. As Tamse and his group left, an angered Dulos followed them, drew a .45 caliber pistol, and demanded the return of money. Almazar handed over P100.00 while shielding Tamse. Dulos pushed Almazar to the ground. Tamse then knelt, raised his hands, and pleaded for mercy. Dulos shot him in the chest and, as Tamse fell, fired another shot into his back, killing him.
ISSUE
The issues are: (1) whether the civil court had jurisdiction over the accused, a military member; (2) whether the killing constituted murder qualified by treachery; and (3) whether the accused acted in self-defense.
RULING
The Supreme Court affirmed the conviction. On jurisdiction, the Court ruled that Presidential Decree No. 1850 does not divest civil courts of jurisdiction over crimes committed by military personnel that are not service-connected. The killing arose from a personal altercation, not in the performance of military duty, thus falling within the jurisdiction of the Regional Trial Court.
On the qualifying circumstance, treachery was correctly appreciated. The attack was sudden and unexpected, executed in a manner that ensured the victim had no opportunity to defend himself. The victim was unarmed, kneeling, and pleading for his life when he was shot. This method directly and specifically ensured the execution of the crime without risk to the assailant.
Finally, the claim of self-defense or incomplete self-defense fails. All its elements are absent. The physical evidence negates any unlawful aggression from the victim, who was in a supplicant posture. The number, location, and nature of the gunshot wounds demonstrate a determined attack, not an act of defense. The trial court’s finding of guilt for murder beyond reasonable doubt was upheld.