Title
People vs. Bugarin
Case
G.R. No. 224900
Decision Date
Mar 15, 2017
Nestor Bugarin shot and killed Esmeraldo and Cristito Pontanar, and injured Maria Glen Pontanar in Cebu City (2008). Claiming self-defense, Bugarin was convicted of double murder and attempted murder; treachery established, penalties modified.

Case Summary (G.R. No. 224900)

Charges and Initial Proceedings

Bugarin was charged with two counts of murder (Criminal Case Nos. CBU-83610 and CBU-83611) and one count of attempted murder (Criminal Case No. CBU-83613). The charges stemmed from the alleged shootings of Esmeraldo and Cristito Pontanar, resulting in their deaths, and the attempted shooting of Maria Glen Neis Pontanar. Bugarin pleaded not guilty and claimed self-defense.

Factual Background

Bugarin contended that his actions were defensive, prompted by an altercation between his wife Anecita and Esmeraldo, who was allegedly armed. In contrast, the prosecution portrayed Bugarin as the aggressor, detailing a scenario where he opened fire on Esmeraldo, followed by Cristito's attempted intervention, and subsequently shooting Maria Glen.

Trial Court Decision

On July 5, 2012, the RTC convicted Bugarin of double murder and attempted murder, noting the special aggravating circumstance of using an unlicensed firearm. The RTC sentenced him to reclusion perpetua for each murder charge and imposed various damages.

Court of Appeals Review

Bugarin appealed the RTC’s decision. On July 31, 2015, the Court of Appeals affirmed the RTC's ruling with modifications, reducing one charge from murder to homicide and altering penalties and damages awarded to the victims' heirs.

Appeal to the Supreme Court

Bugarin further appealed to the Supreme Court, maintaining his claim of innocence and asserting that he acted in self-defense. The Court reiterated the necessity for the accused to prove self-defense with clear and convincing evidence, particularly regarding the existence of unlawful aggression from the victims.

Burden of Proof and Self-Defense

The Supreme Court emphasized that the burden to demonstrate self-defense falls on the accused once he admits to inflicting harm. Bugarin failed to adequately prove that he faced unlawful aggression, which is essential for a self-defense claim. The Court found his testimony to lack credibility when compared to that of Maria Glen, the surviving victim.

Evaluating Treachery

The Court addressed the issue of treachery, noting that Bugarin’s sudden gunfire on Esmeraldo deprived him of the chance to defend himself. The qualifications for treachery were also evaluated concerning Cristito and Maria Glen, leading the Court to uphold the characterization of Bugarin's actions as treacherous.

Modifications on Senten

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