GR 88750; (July, 1991) (Digest)
G.R. No. 88750; July 18, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GUILLERMO SANCHEZ @ “GENARO”, accused-appellant.
FACTS
Accused-appellant Guillermo Sanchez, a barangay captain, was charged with Murder for the fatal shooting of Fernando Visperas on March 9, 1987, during a barangay fiesta dance in Binmaley, Pangasinan. The prosecution’s evidence, primarily from the victim’s son Hadji Visperas and corroborating witnesses, established that after a commotion inside the auditorium prompted Sanchez to fire a warning shot, he proceeded outside and, without any warning, shot the victim twice, causing his death. The defense, however, presented a different version, claiming the shooting was accidental. Sanchez testified that he intervened to stop the victim and his companions from mauling a soldier, and that when he fired a warning shot, the victim grappled for his gun, causing it to discharge twice during the struggle.
ISSUE
Whether the trial court erred in convicting accused-appellant of Murder, and if not, what is the proper crime and penalty.
RULING
The Supreme Court affirmed the conviction but modified the crime from Murder to Homicide and accordingly adjusted the penalty. The Court found the appellant’s claim of accidental shooting incredible and upheld the trial court’s assessment of the prosecution witnesses’ credibility, noting the absence of proof of improper motive. However, the Court ruled that treachery was not present. The shooting was preceded by an assault upon the appellant, who was a person in authority, and the frontal nature of the wounds indicated a direct confrontation, negating the element of surprise or the deliberate adoption of means to ensure the victim’s defenselessness.
The crime committed is therefore Homicide under Article 249 of the Revised Penal Code. The Court appreciated the mitigating circumstance of sufficient provocation on the part of the victim immediately preceding the act, as the victim had assaulted the barangay captain. Applying the Indeterminate Sentence Law, the penalty was set at an indeterminate sentence ranging from five (5) years and one (1) day of prision mayor, as minimum, to twelve (12) years and one (1) day of reclusion temporal, as maximum. The civil indemnity was increased to P50,000.00 in accordance with prevailing jurisprudence.