GR 33154; (February 1976) (Digest)
G.R. No. L-33154 February 27, 1976
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANGEL REYES Y ALCANTARA, defendant-appellant.
FACTS
On October 1, 1970, Angel Reyes, a policeman on emergency leave and in civilian clothes, and a companion approached Jose Garcia and Norberto Flores on a Manila street. After a brief verbal exchange, Reyes struck Flores and poked a gun at them. The victims reported this to Police Precinct No. 4. Reyes and his companion were brought in for investigation. At the precinct, Reyes attempted to settle the matter with the victims’ family. When Conchita Flores, the victim’s mother, refused to settle, Reyes became agitated. He then approached Norberto Flores, who was seated and smoking, uttered threats, and said, “I will shoot you now.” He immediately drew his service revolver and shot Flores in the abdomen, causing his death hours later.
ISSUE
The core issue for automatic review is whether the trial court correctly convicted Angel Reyes of murder qualified by treachery and aggravated by abuse of public position, rejecting his defense of accidental shooting.
RULING
The Supreme Court affirmed the conviction and the imposition of the death penalty. The Court meticulously dismantled the defense of accidental shooting. The claim was inherently unbelievable given the sequence of events: the shooting was immediately preceded by the direct threat, “I will shoot you now.” Furthermore, the accused’s conduct after the shooting—aiming his gun at the prostrate victim, preventing the mother from aiding her son, and showing no remorse—was utterly inconsistent with an accidental discharge.
The Court, agreeing with the Solicitor General, applied technical and logical analysis to conclude the act was intentional. A revolver requires deliberate pressure on the trigger to fire, whether cocked or uncocked. Moreover, as a trained police officer, Reyes would know the fundamental safety rule never to point a firearm’s muzzle at a person, especially if the intent was merely to hand it over. The proper method is to offer the firearm butt-first. His alleged manner of “handing over” the gun directly pointed at the victim’s abdomen demonstrated a purposeful and lethal act. Treachery was present because the attack was sudden and deliberate, executed in a manner that ensured the unarmed and seated victim had no opportunity to defend himself. The aggravating circumstance of taking advantage of public position was correctly appreciated, as Reyes used his authority and status as a policeman to facilitate the crime and instill fear, with no mitigating circumstances to offset it. The awards for indemnity and damages were likewise sustained.