GR 197046; (July, 2014) (Digest)
G.R. No. 197046 , July 21, 2014
People of the Philippines, Plaintiff-Appellee, vs. George Zapata y Viana, Accused-Appellant.
FACTS
Accused-appellant George Zapata y Viana was charged with parricide for killing his wife, Queeny Zapata y Erespe, on May 11, 2002, in Rodriguez, Rizal. The Information alleged he shot her with a .45 caliber pistol on her left chest. During trial, the prosecution established that a gunshot was heard from the couple’s bedroom while appellant was having a drinking spree. The victim was found with a fatal gunshot wound fired at close range. The medico-legal officer testified the bullet entered the epigastric region and exited the left lumbar region, causing death. Appellant claimed the shooting was accidental, alleging the gun fell from a cabinet and he accidentally squeezed the trigger while trying to catch it. The Regional Trial Court found him guilty beyond reasonable doubt of parricide and sentenced him to reclusion perpetua, ordering him to pay damages. The Court of Appeals affirmed the conviction with modifications, adding an award for exemplary damages.
ISSUE
Whether the shooting was accidental, thereby negating criminal intent, or whether the accused-appellant intentionally killed his wife, making him guilty of parricide.
RULING
The Supreme Court affirmed the conviction. It ruled that the shooting was not accidental and that appellant intentionally killed his wife. The Court found appellant’s claim of accident incredible for several reasons: (1) as a former Philippine Marine corporal, he was assumed to know firearm safety precautions; (2) the gun was loaded, cocked, and all its safety features were not in place at the time of the shooting; (3) the trajectory of the bullet (entering the breast and exiting the lower back) negated the claim the gun fired from the floor, as such a shot would have been upward; and (4) appellant’s conduct after the shooting—leaving his bleeding wife, not immediately seeking help, and fleeing upon hearing police sirens—was inconsistent with an accidental shooting and indicated guilt. The Court modified the damages, increasing civil indemnity to ₱75,000.00 and exemplary damages to ₱30,000.00, with all monetary awards earning 6% interest per annum from finality until paid, and declared appellant ineligible for parole.