G.R. No. 98432 July 1, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EX-CPL. VICTORIO PLETADO, accused-appellant.

FACTS

Accused-appellant Victorio Pletado, a former corporal, was charged with double murder for the deaths of Sgt. Venancio Agipo and Evelyn Delima. The prosecution’s version states that after a heated argument and a previous altercation at Neneng’s Store, Pletado left and returned 30 minutes later in uniform, armed with an M-16 rifle. Without warning, he fired at the group, hitting and killing Agipo and Delima, and wounding others. The defense’s version claims Pletado acted in self-defense, alleging that upon his return to fetch a companion as ordered, he was first fired upon by his armed companions, was hit twice, and only then fired back.

ISSUE

Whether the accused-appellant acted in complete self-defense to be relieved of criminal liability.

RULING

No. The Supreme Court affirmed the conviction for double murder, modified by increasing the civil indemnity. The Court found that the appellant failed to prove the requisite of unlawful aggression on the part of the victims. The prosecution’s version, credited by the trial court, established that the appellant initiated a sudden and treacherous attack. Treachery was present as the appellant fired immediately upon alighting, giving the victims no opportunity to defend themselves. Evident premeditation was not proven. The penalty of reclusion perpetua for each murder was proper, and civil indemnity was increased to P50,000.00 for each victim.