G.R. No. L-28104 July 30, 1979
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEDRO MIL, defendant-appellant.

FACTS

The case involves the mandatory review of the death sentences imposed on Pedro Mil, a Philippine Constabulary corporal, for two counts of murder. The first victim was Augusto Arteche, with whom Mil had a prior altercation leading to criminal charges. On the evening of February 12, 1967, at a refreshment parlor, Mil, after a brief interaction, suddenly shouted at Arteche, drew a .45 caliber pistol, and shot him. As Arteche fell, pleading for his life, Mil fired two more shots into his back and then kicked the prostrate body. Mil also shot, but only wounded, a sleeping companion of Arteche, Salvador Alba.
Later that same evening, Mil proceeded to the house of Sergeant Pedro Arteche, who was unrelated to the first victim but was involved in delivering a settlement letter concerning the earlier case. Mil confronted the sergeant about the letter and, upon receiving a reply he disliked, shot him. Mil then pointed his gun at the sergeant’s wife, but it misfired. He fled, surrendered to his commanding officer, and the sergeant died two days later. The killings were charged as murder with various aggravating circumstances.

ISSUE

The core issue for review is whether the trial court correctly convicted Pedro Mil of murder and properly appreciated the qualifying and aggravating circumstances to justify the imposition of the death penalty for each killing.

RULING

The Supreme Court affirmed the convictions for murder but modified the penalties. For the killing of Augusto Arteche, the Court found the crime was qualified by treachery. The attack was sudden and unexpected, giving the unarmed victim no opportunity to defend himself. The Court also appreciated the aggravating circumstances of taking advantage of public position as a PC corporal and of deliberately augmenting the wrong by causing another wrong not necessary for its commission—specifically, the act of kicking the victim’s corpse. These were offset by the mitigating circumstance of voluntary surrender. With no sufficient votes for the death penalty, the sentence was reduced to reclusion perpetua.
For the killing of Sergeant Pedro Arteche, the Court also found treachery, as the shooting was done without any warning during a conversation. The aggravating circumstances of dwelling and disregard of respect due to rank were present. These were likewise offset by voluntary surrender, leading to the imposition of reclusion perpetua. The Court rejected the defense of passion and obfuscation, finding no sufficient unlawful provocation from the sergeant’s act. The separate charge for the shooting of Salvador Alba was correctly classified as frustrated murder, and the conviction for illegal possession of a firearm was sustained, with penalties to be served concurrently.