GR 34828 31; (June, 1976) (Digest)
G.R. No. L-34828-31 June 30, 1976
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILFREDO TESORERO, defendant-appellant
FACTS
Appellant Wilfredo Tesorero, a Philippine Constabulary soldier detailed as a security guard for a congressional candidate, was convicted for two murders and two attempted murders stemming from a shooting incident on November 12, 1969. The events occurred against a backdrop of intense political rivalry in Catanduanes. Prior to the incident, the appellant had several hostile confrontations with Provincial Board Member Amador Teston, a leader of the opposing political faction. These included instances where appellant pointed his firearm at Teston and his companions. On the evening of the shooting, appellant, who was reportedly AWOL, was socializing at a house after agreeing to surrender to his PC superiors the next day. Teston arrived, and after a cordial interaction where they discovered a familial relation, a discussion ensued regarding the surrender terms. Teston advised appellant to report to the Provincial Commander first.
RULING
The Supreme Court affirmed the conviction but modified the penalties. The core legal issue was whether the appellant acted with treachery (alevosia) in committing the crimes. The Court ruled that treachery was not present. The shooting occurred during a heated argument following a sudden disagreement over the surrender procedure. The victims, including PC soldiers and civilians, were not utterly defenseless; they were armed and aware of the appellant’s hostile history. The attack was not deliberately and consciously adopted to ensure execution without risk to the assailant. It was a frontal assault arising from a spontaneous altercation. Therefore, the crimes were properly classified as homicide and attempted homicide, not murder and attempted murder. The Court reduced the penalties accordingly, crediting the appellant with his preventive imprisonment. The decision underscores that treachery requires a deliberate method of attack chosen to facilitate the crime without risk, which was absent in this case of a sudden, frontal shooting during a tense argument.