GR 115692; (May, 2000) (Digest)
G.R. No. 115692 May 12, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDWIN TANOY, accused-appellant.
FACTS
Accused-appellant Edwin Tanoy, a police sergeant, was charged with murder for the shooting death of retired Colonel Ricardo Espinosa. The incident occurred at a police station on December 31, 1987. The prosecution’s version established that the victim, as barangay captain, went to the station to file a complaint against Tanoy for a prior altercation. Inside the office, Tanoy confronted Espinosa, grabbed an armalite rifle from a desk, and threatened to kill him. After Espinosa briefly hid behind a wall, he emerged with his hands raised in a defensive, surrendering position. Tanoy then shot him in the chest at close range, causing instantaneous death.
The defense claimed the shooting was accidental, occurring during a struggle for possession of the rifle. Accused-appellant testified that the victim initiated the grapple, and the gun discharged during the tussle. The trial court rejected this defense, convicting Tanoy of murder qualified by treachery and sentencing him to reclusion perpetua.
ISSUE
Whether the trial court erred in convicting accused-appellant of murder, appreciating the qualifying circumstance of treachery.
RULING
The Supreme Court affirmed the conviction. The trial court’s factual findings, supported by physical and testimonial evidence, were accorded finality. The Court found the defense of accidental shooting untenable. The autopsy report indicated the victim sustained a single bullet wound to the chest and injuries to both hands, consistent with him raising his hands to shield himself, not with grappling for a rifle. The location of a bloodied envelope, still tucked under the victim’s arm after the shooting, further negated the claim of a violent struggle.
Treachery was correctly appreciated. The attack was sudden and deliberate, rendering the 71-year-old, unarmed victim utterly defenseless. He was shot at close range while his hands were raised in a gesture of surrender. The fact that the victim may have been forewarned of danger does not negate treachery when the manner of execution made any defense impossible. The qualifying circumstance thus attended the killing, properly elevating the crime from homicide to murder. The penalty and awarded damages were sustained.