Facts:
People of the Philippines charged
SPO1 ERNESTO ULEP with murder for the fatal shooting of
Buenaventura Wapili that occurred in the early morning of 22 December 1995 at Mundog Subdivision, Poblacion Kidapawan, Cotabato. The records show that Wapili, suffering a high fever and behaving violently, ran naked and menacingly toward neighbors and police after resisting efforts to be restrained; neighbors summoned nearby police officers including SPO1 Ulep, SPO1 Edilberto Espadera and SPO2 Crispin Pillo, who arrived armed with M-16 rifles. According to testimony, Ulep fired a warning shot and ordered Wapili to lay down his weapons, whereupon Wapili allegedly advanced and taunted the officers; Ulep then shot Wapili multiple times at close range, and after Wapili fell to the ground fired an additional shot into the back of the victim’s head, causing instantaneous death. The post-mortem by Dr. Roberto A. Omandac disclosed five gunshot wounds with powder burns indicating close-range firing and a fatal cranial wound inflicted while the victim was in a lying position. The trial court, finding that the extra headshot was unnecessary and that the gravity of the wounds belied a claim of self-defense, convicted Ulep of murder and sentenced him to death, ordered indemnity of P50,000.00 to the heirs, and imposed costs; the case reached the Court on automatic review and appellant asserted justification in the performance of official duty and self-defense.
Issues:
Whether the killing was committed in the performance of a duty or the lawful exercise of a right or office so as to justify or mitigate the offense under
Art. 11, par. 5 of The Revised Penal Code? Whether the elements of
self-defense existed at the time of the fatal headshot? Whether the killing was attended by
treachery so as to qualify the offense as murder rather than homicide, and, if not, what is the proper penalty?
Ruling:
Ratio:
Doctrine: