Title
People vs. Basco y Salao
Case
G.R. No. 129732
Decision Date
Nov 19, 1999
Intoxicated altercation escalated when Mario Basco returned, shot Rolando Buenaventura, Sr. multiple times; court upheld murder conviction, citing treachery, rejecting self-defense claim.

Case Summary (G.R. No. 129732)

Facts of the Case

On May 3, 1992, Rolando Buenaventura, Sr. was involved in a drinking session outside his home when a conflict arose involving the accused-appellant, Mario Basco. Tensions escalated when Basco brandished a knife, leading to attacks that eventually drew in family members of the Buenaventura family. Following a series of altercations and after some de-escalation, Basco returned to the Buenaventura household and, without provocation, shot Rolando Buenaventura, Sr. multiple times, resulting in the latter's immediate death.

Autopsy Findings

The relevant autopsy conducted post-mortem revealed multiple gunshot wounds, with the deceased suffering three distinct gunshot injuries. The detailed examination identified the entry and exit points of the bullets, indicating that the shots were fired at close range, further substantiating the assertion that the shooting was deliberate rather than accidental.

Defense Argument

The defense presented a contrasting narrative claiming that Basco did not initiate the confrontation and that the eventual shooting was a result of a struggle instigated when Rolando Buenaventura, Sr. allegedly aimed a firearm at Basco. This version attempted to invoke the concept of self-defense, asserting that the discharge of the weapon was accidental, occurring during a grappling incident.

Trial Court Decision

The trial court evaluated the testimonies and evidentiary submissions, ultimately finding Basco guilty of murder. The court highlighted that the circumstances of the shooting displayed evident treachery, as Basco attacked Rolando while the latter was unsuspecting and engaged in a domestic setting. The court emphasized that the physical evidence, including the nature of the wounds and the testimony from Rolando's family, was contradictory to Basco's defense.

Appeal Claims

Basco's appeal challenged the trial court's ruling on several grounds: the assertion of incomplete self-defense, the imposition of the penalty of reclusion perpetua, and the finding of evident premeditation in the act of killing. The accused sought to have the decision revised and the penalties adjusted.

Conclusion of the Court

The appellate court found the arguments raised in the appeal to be without merit. It concluded that the overwhelming evid

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