G.R. No. 124058; December 10, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. JESUS G. RETUBADO alias “JESSIE,” appellant.

FACTS

The appellant, Jesus Retubado, was charged with murder for shooting Emmanuel Cañon on November 5, 1993. The prosecution’s evidence established that earlier, a firecracker prank was played on the appellant’s brother, initially suspected to be the work of the victim’s son. Although a barangay investigation cleared the son, the appellant remained aggrieved. On the night of the incident, the appellant confronted the victim, Emmanuel Cañon, Sr., who was arriving home on his pedicab. After an initial verbal exchange where the victim ignored him, the appellant followed the victim to his house. When the victim opened his door and asked why he was being followed, the appellant insisted on speaking to the victim’s son. As the victim’s wife tried to pacify her husband, the appellant pulled out a handgun and shot the victim in the forehead, causing his death.
The appellant admitted the shooting but claimed self-defense. He testified that the victim emerged from his room holding a gun. A struggle ensued, and the gun, which the appellant was trying to control, accidentally went off, hitting the victim. The Regional Trial Court convicted him of murder, sentenced him to reclusion perpetua, and ordered him to pay indemnity.

ISSUE

Whether the appellant is guilty of murder or a lesser offense.

RULING

The Supreme Court modified the conviction from murder to homicide. The Court rejected the appellant’s claim of self-defense or accident, as his version was deemed inherently improbable and uncorroborated. The positive and credible testimony of the eyewitness, the victim’s wife, convincingly established that the appellant deliberately shot the unarmed and unsuspecting victim. However, the qualifying circumstance of treachery was not proven. The prosecution failed to establish that the means of execution were deliberately adopted to ensure the victim’s defenselessness. The attack arose from a sudden altercation, and the victim was aware of the appellant’s hostile presence, having just confronted him. Thus, the crime is homicide, not murder.
The Court appreciated the mitigating circumstance of voluntary surrender, as the appellant surrendered to authorities prior to any arrest warrant. The aggravating circumstance of using an unlicensed firearm was not proven. Accordingly, the appellant is guilty of homicide under Article 249 of the Revised Penal Code. The penalty was modified to an indeterminate sentence of 10 years of prision mayor, as minimum, to 15 years of reclusion temporal, as maximum. The award of civil indemnity was affirmed at ₱50,000.00, with additional awards of ₱50,000.00 as moral damages and ₱25,000.00 as temperate damages.