G.R. No. 126043; April 19, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MANUEL MAGAYAC, defendant-appellant.

FACTS

Manuel Magayac, a CAFGU member, was convicted of murder and sentenced to death for killing Jiminardo Jimmy Lumague. The prosecution established that on February 11, 1994, a series of altercations occurred between the victim and the accused’s father, Tino Magayac, during a fishing trip, with the accused himself attempting to box Jimmy. The following evening, after being warned by his mother, Jimmy was seated at a neighbor’s house when the accused approached, telling him not to run. After asking a bystander to leave, the accused shot Jimmy in the stomach. As Jimmy fell, the accused fired several more shots into his back. The accused then surrendered to the PC Camp.
The accused invoked self-defense, claiming Jimmy suddenly rushed at him with a balisong while he was on his way to report for duty, forcing him to fire in response. The trial court rejected this defense, finding the killing was qualified by treachery and evident premeditation and aggravated by cruelty and abuse of public position, while appreciating voluntary surrender as a mitigating circumstance. The case is under automatic review.

ISSUE

Whether the trial court erred in convicting the accused of murder and in appreciating the qualifying and aggravating circumstances.

RULING

The Supreme Court affirmed the conviction for murder but modified the penalty. The accused’s claim of self-defense failed as he could not prove unlawful aggression by the victim. The burden of proof shifted to him upon admission of the killing, and his sole testimony was contradicted by credible eyewitness accounts showing he was the aggressor throughout the preceding incidents and that he executed a surprise attack on an unarmed and unsuspecting victim.
The qualifying circumstance of treachery was correctly appreciated. The attack was sudden, from behind, and employed a powerful rifle against an unarmed victim who was given false assurances of safety, ensuring the execution without risk to the accused. Evident premeditation was also present, as the sequence of prior threats, the procurement of the rifle, and the deliberate search for the victim indicated a cold and calculated resolve to kill. However, the generic aggravating circumstance of taking advantage of public position was not proven, as merely being a CAFGU member and using a service firearm, without evidence of using official authority to facilitate the crime, is insufficient. With the mitigating circumstance of voluntary surrender and no other aggravating circumstance, the imposable penalty is reclusion perpetua, not death. The award for funeral expenses was deleted for lack of evidence.