GR L 2433; (April, 1950) (Digest)
G.R. No. L-2433; April 20, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GENARO GUCOR, ET AL., defendants. GENARO GUCOR, appellant.
FACTS
During the 1947 election campaign in Inabanga, Bohol, appellant Genaro Gucor, a bodyguard for mayoral candidate Catalino Logroño, and Chief of Police Fabian Cenabre, who supported the incumbent mayor, had a chance encounter at a store in Barrio Cogon on October 8, 1947. The prosecution’s evidence established that Gucor, upon recognizing Cenabre, suddenly and without provocation fired multiple shots at him with a carbine, inflicting twelve fatal wounds while Cenabre’s own firearm was still slung over his shoulder. Gucor fled after the killing, taking both his and the victim’s carbines. The trial court convicted Gucor of murder and sentenced him to reclusion perpetua. Gucor appealed, claiming he acted in self-defense after Cenabre allegedly shot first at Logroño.
ISSUE
Whether the trial court erred in convicting appellant Genaro Gucor of murder, rejecting his claim of self-defense.
RULING
No, the trial court did not err. The Supreme Court affirmed the conviction, finding the prosecution’s version credible and rejecting the self-defense claim. The Court noted material contradictions in the defense witnesses’ testimonies and the improbability that Gucor, in a supposed exchange of gunfire, would emerge unscathed while inflicting twelve wounds on the victim. Gucor’s flight, failure to report the incident, and concealment of the firearms negated his claim of innocence. The killing was attended by treachery (alevosia), as the sudden and unexpected attack with a firearm deprived the victim of any chance to defend himself. The penalty of reclusion perpetua and the award of indemnity were affirmed.
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