Title
People vs. Gaspar
Case
G.R. No. L-2798
Decision Date
May 19, 1950
A municipal policeman shot and killed a pregnant teacher, claiming accidental discharge; court found intent, qualified as murder due to treachery.

Case Summary (G.R. No. 200088)

Charge and Judgment

Gabriel Gaspar was originally found guilty of homicide by the Court of First Instance of Nueva Ecija and sentenced to an indeterminate penalty of imprisonment ranging from eight years and one day of prision mayor to fourteen years, eight months, and one day of reclusion temporal. In addition, he was ordered to pay damages of P2,000 and the costs of the trial.

Incident Description

The deceased was approximately eight months pregnant and was fatally shot by a bullet fired from a Thompson sub-machine gun held by the accused. The events unfolded in the early morning of August 4, 1946, while the deceased was using the school toilet, and the accused was stationed at his post in front of the municipal building. Witnesses provided contrasting accounts of whether the gun was discharged accidentally or intentionally.

Prosecution's Evidence

Witness Mariano Vergara testified that he saw Gaspar on the porch of the municipal building, firing shots towards the girls' toilet, and then heard cries shortly after. Other witnesses, including Leonor Paderes and Deoscortes Esteban, corroborated Vergara's accounts of the shooting and its aftermath, suggesting that Gaspar had been involved in a prior altercation with the Esteban family, providing a possible motive for a wilful act.

Defense's Position

Gaspar's defense claimed that the discharge of the firearm was accidental, asserting that while attempting to prevent the falling gun from hitting the ground, he inadvertently caused it to fire. He and supporting witnesses, including police officers and the chief of police, suggested that Gaspar had sustained an injury to his finger during this supposed mishap.

Trial Court's Findings

The trial judge deemed the credibility of the prosecution's witnesses as reliable and coherent. The court stated the improbability of the defense's claim of an accidental discharge, particularly in light of the firearm's locking mechanism, finding it unlikely that the weapon could discharge without deliberate intent.

Evaluation of Evidence

The court analyzed the consistency of witness testimonies and the actions of the accused after the shooting. Gaspar’s failure to assist the deceased or sh

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