G.R. No. L-3248 and L-3249 May 16, 1951
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LORENZO AGUILAR, defendant-appellant.

FACTS

Defendant-appellant Lorenzo Aguilar, a municipal policeman, was prosecuted for murder in two separate cases for the killing of brothers Pedro Gonzales and Vivencio Gonzales. After a joint trial, he was found guilty in both cases and sentenced to reclusion perpetua for each. The incident occurred on the evening of September 20, 1948, in Libmanan, Camarines Sur. Aguilar, armed with a Thompson submachine gun, fired upon the two brothers near a well-lighted market place, inflicting fatal wounds. He admitted the shooting but claimed self-defense. The prosecution’s evidence, accepted by the trial court, showed that the shooting was deliberate and unprovoked. Witness Candido Borbe testified that Aguilar, from a distance of four to five meters, opened fire on the brothers without any prior altercation, killing Pedro instantly and Vivencio shortly after. The defense claimed that Vivencio had punched Aguilar and Pedro had attacked him with a fan knife, forcing Aguilar to fire in self-defense. The defense also presented evidence about a prior incident where Aguilar had arrested Vivencio for creating a scandal while drunk, after which Vivencio had threatened to have Aguilar dismissed or “dismiss him in a bad way,” and portrayed the brothers as abusive characters.

ISSUE

Whether the trial court correctly rejected the appellant’s claim of self-defense and properly convicted him of murder.

RULING

Yes. The Supreme Court affirmed the trial court’s rejection of the self-defense claim and the conviction for murder, but modified the penalty. The Court found the prosecution’s version credible and the self-defense theory implausible. Key reasons included: the absence of significant powder burns on the victims’ wounds and clothing indicated the shots were fired from a distance (about four meters), not at close range as claimed in self-defense; the trajectory of the bullets suggested Aguilar was standing when he fired, contradicting his initial statement that he fired from a semi-reclining position; the alleged attack with a fan knife was not proven, as the knife was not shown to belong to Pedro; the brothers, familiar with automatic weapons, would not likely have attacked an armed policeman with bare fists and a knife; and no disinterested witnesses supported the self-defense claim, while the prosecution presented credible witnesses. The killing was qualified by treachery, as the sudden and unexpected attack with a submachine gun left the victims no chance to defend themselves. The mitigating circumstance of voluntary surrender was present, with no aggravating circumstances to offset it. Consequently, the penalty was reduced to an indeterminate sentence of ten years and one day of prision mayor to seventeen years of reclusion temporal for each case. The decision was affirmed in all other respects.