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GR 115233 People V Gutual
GR 115233 People V Gutual
DECISION
DAVIDE, JR., J.:
On 26 June 1991, an information1 was filed with the Regional Trial Court (RTC) of
Tagum, Davao del Norte, Branch 1, charging Wilson Gutual and Joaquin Nadera with
the crime of murder (Criminal Case No. 7851). The accusatory portion thereof read:
That on or about December 29, 1990, in the Municipality of San Vicente, Province of
Davao, Philippines, and within the jurisdiction of this Honorable Court, the above-
named accused, conspiring, confederating and mutually helping with one another,
with treachery and evident premeditation, with intent to kill, armed with [a] garand
rifle and [an] M14 rifle, did then and there wilfully, unlawfully and feloniously attack,
assault and shoot one Celestino Maglinte, thereby inflicting upon him wounds which
caused his death, and further causing actual, moral and compensatory damages to the
heirs of the victim.
Contrary to law.
The accused, members of the Civilian Armed Forces Geographic Unit (CAFGU) in
the Municipality of San Vicente, Davao,2 pleaded not guilty on arraignment.3 Thereafter,
trial on the merits ensued.
Judge Marcial Fernandez received the testimonies of all the witnesses except that
of the surrebuttal witness, which was received by his successor, Judge Bernardo V.
Saludares.4
At trial, the prosecution presented six witnesses, five of whom were related to the
victim by affinity. The defense, in turn, presented nine witnesses, including the two
accused and two barangay council officers. As might be expected, the prosecution and
defense had conflicting versions of the event.
According to the prosecution, on 29 December 1990, at around 1:30 p.m., the victim
Celestino Maglinte was walking along the barangay road of Belmonte in San
Vicente, Davao, carrying his four-year old child. The victim had just come from his farm
and had a bolo with him, which was placed in its scabbard. Maglinte was then surprised
by the sound of an exploding firecracker; thus, he left his child by the road and ran
towards the store of Barangay Captain Wayne Gutual, calling to the latter, who did not,
however, come out of the store. Maglinte headed for the nearby basketball court,
apparently still searching for the Barangay Captain. All the while the bolo remained in its
scabbard. Suddenly, accused Wilson Gutual and Joaquin Nadera appeared, armed with
a Garand rifle and an M-14 rifle, respectively. Gutual fired around three warning shots
into the air and Maglinte dropped to the ground. Gutual then went near Maglinte and
shouted surrender, thus Maglinte raised his right arm as a sign of submission. At that
time, Gutual fired some five shots at Maglinte. Although already injured, Maglinte
managed to stand. Thus, Gutual and Nadera fired again, and the victim toppled over,
mortally wounded. Gutual and Nadera left the scene at once. Immediately the following
morning, the victim was buried upon the Barangay Captains order.5
The defense claims that the killing was committed in self-defense or defense of a
relative or stranger. It tried to prove that on the aforementioned date and time, the victim
was running amuck or berserk,6 chasing Barangay Captain Wayne Gutual in front of the
latters house. Drawn by shouts for help from onlookers, accused Gutual and Nadera
rushed to the scene, with Gutual firing warning shots into the air. Maglinte stopped
pursuing the barangay captain, turned towards the accused, then started approaching
them. Although Gutual continued to fire warning shots, Maglinte kept walking towards
him, while Gutual kept retreating to put some distance between him and the victim. The
two moved some ten meters, crossed the road in front of the barangay captains house,
and ended up near the barangay hall. Finally, Gutual was pinned against the staircase
of the barangay hall. Maglinte was now about one to three meters from Gutual and
pressing on, unceasingly hacking away at Gutual, who, however, managed to evade the
blows. Nadera fired warning shots into the air, but Maglinte continued his attack. Gutual
then fired at the victims hand to disarm him, but unfortunately the bullet pierced
Maglintes bolo-wielding arm, went through his chest, and came out his back.
Gutual and Nadera were arrested on 29 January 1991.7 Nearly two months after the
killing, some 200 residents of Barangay Belmonte held a rally in front of the police
station to demand the release of the two accused.8 The rallyists brought with them a
manifesto9 signed by barangay council officials and members which stated, among
other matters, that they knew Celestino Maglinte to be a dangerous person and that the
accused fired at the victim only after knowing that he would be killed by the latter.
On 2 January 1994, the trial court, per Judge Saludares, promulgated its
decision10 acquitting Nadera but convicting Gutual. The dispositive portion of the
decision read:
WHEREFORE, premises considered, this Court finds the accused Wilson Gutual y
Remollena, 43 years of age, married, and a resident of Belmonte, San Vicente, Davao,
farmer by occupation, guilty beyond reasonable doubt of the crime of Murder as
penalized under Article 248 of the Revised Penal Code, as charged in the information,
and is therefore hereby sentenced to suffer the penalty of reclusion perpetua, with all
the accessory penalties provided by law, and jointly and severally with his co-accused
Joaquin Nadera y Apostol, 42 years of age, married and a resident of Belmonte, San
Vicente, Davao, and a farmer by occupation, who is hereby acquitted of the criminal
charge on the ground of reasonable doubt, is/are hereby ordered to indemnify the
widow, Virginia Ayendo Vda. de Maglinte, and heirs of the victim, Celestino
Maglinte, in the amount of Fifty Thousand (P50,000.00) Pesos by way of
compensatory damages for such death, Twenty Thousand (P20,000.00) Pesos by way
of moral damages, Ten Thousand (P10,000.00) Pesos by way of exemplary damages,
and Five Thousand (P5,000.00) Pesos as funeral and burial expenses.11
[C]ould just have easily parried the alleged bolo-hacking of Celestino Maglinte, if
ever such version was true, with the use of his Garand Rifle, and could have applied
close fighting techniques which he was trained to do as a CAFGU member, and
disarm Maglinte of his bolo instead of shooting the victim.33
It has, however, been duly established that the victim had a predilection for
violence.34 Barangay Captain Wayne Gutual testified that on at least three previous
occasions, he had disarmed the victim:
Q Now, Mr. witness, may we know from you if you know the reason why the deceased
Celestino Maglinte would take your life?
A Regarding Celestino Maglinte, we have no grudge with each other. But because I am
the barangay captain, there were times that his wife Virginia will not yield to carnal
relation, that is why he would be violent and threaten her with bolo. That is why I
disarmed him three times already.
xxx xxx xxx
Q What did you disarm from Celestino?
A First, I was able to disarm him with hunting knife; second with bolo; and third with a
piece of hard wood.35
The accused-appellant became the target of the victims violent nature when, after
the victim stopped chasing the barangay captain, he turned to and vented his ire against
the accused-appellant. The victim menacingly walked towards the latter who, in turn,
kept walking backwards until he was pinned against the staircase of the barangay hall.
At that point, the victim unceasingly hacked away at the accused-appellant and
continued to move closer to him. When the victim was then only one meter away, he
raised the bolo, ready to strike the accused-appellant.
Plainly, the accused-appellant could no longer retreat from the continuing assault by
the victim who, as inexorably shown by his relentless advance towards the accused-
appellant, was poised to kill the latter. The danger to the accused-appellants life was
clearly imminent. It would not then be proper nor reasonable to claim that he should
have fled or selected a less deadly weapon, because in the emergency in which,
without any reason whatever, he was placed, there was nothing more natural than to
use the weapon he had to defend himself. In the natural order of things, following the
instinct of self-preservation, he was compelled to resort to a proper defense. 36 It is
settled that reasonable necessity of the means employed does not imply material
commensurability between the means of attack and defense. What the law requires
is rational equivalence, in the consideration of which will enter the principal factors the
emergency, the imminent danger to which the person attacked is exposed, and the
instinct, more than the reason, that moves or impels the defense, and the
proportionateness thereof does not depend upon the harm done, but rests upon the
imminent danger of such injury.37
The accused-appellant has convincingly and sufficiently shown that he killed the
victim in the legitimate exercise of self-defense, a justifying circumstance. Pursuant to
Paragraph 1, Article 11 of the Revised Penal Code, the accused-appellant incurred no
criminal liability.
WHEREFORE, the instant appeal is GRANTED. That portion of the challenged
decision of Branch 1 of the Regional Trial Court of Tagum, Davao in Criminal Case No.
7851 finding accused-appellant WILSON GUTUAL Y REMOLLENA guilty beyond
reasonable doubt of the crime of murder and sentencing him to suffer the penalty
of reclusion perpetua and to pay the civil liabilities therein mentioned is REVERSED and
SET ASIDE and another is hereby entered ACQUITTING him of the charge. He should
forthwith be released from detention, unless his further detention is warranted for any
other legal or valid ground.
Costs de oficio.
SO ORDERED.
Narvasa, C.J. (Chairman), Melo, Francisco, and Panganiban, JJ., concur.