G.R. No. 102539 - People vs. Arguelles

On February 5, 1990, between ten thirty and eleven o’clock in the evening, Ismael Mulaga was walking along Abanico Road in Puerto Princesa.
A tricycle stopped; Mulaga instinctively turned his head toward the direction of the stop.
Mulaga saw accused-appellant P/SGT. Jose Arguelles holding a short gun pointed to Bagamiel Gabuco on the left side of the road right behind Mulaga.
Arguelles uttered: “Police ito, huwag kang tatakbo.”
Immediately thereafter, Mulaga heard a gunshot.
The man addressed by Arguelles, Bagamiel Gabuco, fell down.
Fearing for his life, Mulaga hurriedly walked fast toward the safety of his house.
The next day, Mulaga learned that the person shot was Bagamiel Gabuco.

Around eleven o’clock in the evening of February 5, 1990, accused-appellant, together with Pfc. Roberto Pamintuan, arrived at the vicinity of Eduardo’s Night Club in Barangay San Pedro, Puerto Princesa City.
Someone allegedly asked for assistance because Magbanua was being mauled by Bagamiel Gabuco.
A commotion occurred; Arguelles and Pamintuan allegedly saw Bagamiel being chased by a certain Guzman.
Arguelles, as a police officer, allegedly boarded a tricycle with Pamintuan to run after Bagamiel Gabuco.
They allegedly turned left toward Penida Road and saw a person running.
Arguelles allegedly shouted “stop, we are policemen”; the running person allegedly did not heed the call until they overtook him.
As Arguelles approached to question the suspect, the suspect allegedly kicked him.
Arguelles allegedly evaded by backing up.
Arguelles allegedly drew his service gun to fire a warning shot, but allegedly lost his balance and the gun discharged.
Arguelles allegedly saw the suspect, Bagamiel Gabuco, slowly slumping to the ground.
Arguelles allegedly approached Bagamiel, noted a gunshot wound, boarded him on a tricycle, and brought him to a hospital.

As a result of the February 5, 1990 incident, accused-appellant was charged with the crime of Murder, penalized under Article 248 of the Revised Penal Code.
The information alleged that on or about February 5, 1990 in Barangay San Pedro, Puerto Princesa City, within the jurisdiction of the trial court, accused-appellant, with treachery and evident premeditation, with intent to kill, and while armed with a gun, willfully and feloniously assaulted, attacked, and shot Bagamiel Gabuco, inflicting a gunshot wound in his body that was the direct and immediate cause of his death.
Arguelles pleaded not guilty upon arraignment.
After trial, the court found him guilty beyond reasonable doubt of Murder.
The trial court sentenced Arguelles to reclusion perpetua and imposed accessory penalties.
The trial court also ordered payment of actual, moral, and exemplary damages to the heirs of the victim in the amount of P150,000.00, plus costs.
The trial court ordered that, considering the maximum penalty, the accused be transported to the national penitentiary in Muntinlupa, Metro Manila to serve his sentence.
Arguelles appealed raising two errors:

In considering treachery and evident premeditation.
In not convicting him of plain and simple homicide through reckless imprudence.

The Court found that the lone fatal bullet was treacherously directed at the victim.
The location of the wound showed the victim was shot at his back specifically below his waistline, as evidenced by an autopsy report prepared by Dr. Metodio R. Lazo.
Mulaga testified that he saw Arguelles alight from the tricycle, heard the words “Police ito huwag kang tatakbo,” and observ...(Subscriber-Only)

Whether the trial court correctly found treachery and evident premeditation as qualifying circumstances for murder.

Whether the trial court erred in convicting accused-appellant of murder instead of plain and simple homicide allegedly through reckless imprudence.

Whether the evidence supported murder notwithstanding the defense claim of accidental discharge.
Whether the nature of the crime should have been homicide through reckless imprudence.