G.R. No. 126171 , March 11, 2004
People of the Philippines vs. Federico Genita, Jr. y Cultura

FACTS

The appellant, Federico Genita, Jr., a CAFGU member, was convicted of two counts of murder for the deaths of Reynaldo Timbal and Jesus Bascon. The prosecution evidence established that on the evening of December 17, 1991, in Barangay Bugsukan, Butuan City, the appellant, armed with an M-14 rifle, approached the victims who were loading firewood. After a brief exchange, he shot Jesus Bascon in the legs. When Reynaldo Timbal fled, the appellant chased and shot him, hitting his nape. Both victims died from their wounds.
The appellant interposed the defense of accident under Article 12 of the Revised Penal Code. He testified that while walking to his camp, someone grasped his neck from behind, causing him to accidentally pull the trigger of his slung rifle, which then automatically fired. He claimed he had no intention to harm the victims and immediately reported the incident to his superiors.

ISSUE

The core issues were: (1) whether the exempting circumstance of accident absolved the appellant of criminal liability; and (2) whether the qualifying circumstance of treachery was present to justify a conviction for murder.

RULING

The Supreme Court modified the trial court’s decision, convicting the appellant of two counts of homicide instead of murder. On the first issue, the Court ruled that the defense of accident failed. The appellant bore the burden to prove its elements: performance of a lawful act with due care, the injury caused by mere accident, and no fault or intention to cause it. The Court found his claim incredible. His act of carrying a loaded M-14 rifle with the safety catch released and the manner of the shooting—multiple, directed shots at different victims—negated due care and indicated a deliberate assault, not a single accidental discharge.
On the second issue, the Court agreed with the appellant and the Solicitor General that treachery was not proven. The qualifying circumstance requires the deliberate adoption of means of execution that ensure the safety of the aggressor from any defense by the victim. The prosecution evidence showed the appellant was drunk when he initially approached the victims, which could have placed them on guard. Furthermore, the shooting of the first victim, Jesus Bascon, occurred during a face-to-face encounter, and the subsequent chase of Reynaldo Timbal did not constitute a sudden and unexpected attack from behind. Without treachery, the crimes were properly homicide, not murder. The appellant was sentenced to an indeterminate penalty for each count and ordered to pay civil indemnity and temperate damages to the heirs of each victim.