G.R. No. 34140 ; August 15, 1931
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. FRANCISCO SARA, defendant-appellant.

FACTS

The appellant, Francisco Sara, was out hunting birds with a shotgun. The deceased, Gabriel Catapang, was walking ahead of him on a path. A gunshot was heard, and Catapang was found wounded in the abdomen, dying hours later. The accused claimed the gun discharged accidentally when Catapang grabbed the barrel and pulled it, causing the trigger to be pressed. The prosecution witnesses did not hear any such request from the deceased. The medical report showed a circular wound with scattered birdshot, indicating the muzzle was some distance from the body at the time of discharge.

ISSUE

Whether the accused is guilty of homicide and, if so, whether it was intentional or due to reckless imprudence.

RULING

The Supreme Court found the accused guilty, but modified the crime from intentional homicide to homicide through reckless imprudence. The Court disbelieved the accused’s version, as the nature of the wound contradicted a point-blank discharge. Since the accused admitted his finger was on the trigger and no enmity existed between the parties, the killing was not intentional but resulted from his reckless handling of the firearm. The penalty was reduced from twelve years and one day of reclusion temporal to one year of prision correccional under Article 568 of the Penal Code. The judgment was affirmed in all other respects.

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