People vs.

Beunsuceso
G.R. L-32103, September 28, 1984

Facts:

One afternoon, Patrolman Rodolfo Aguilar and Pariseo Tayag were seen walking towards the municipal
building. Pat. Aguilar was trying to take Tayag’s fan knife but the latter refused to give it to him. Because
of this, Pat Aguilar suggested they go to the office of the Chief of Police to which Tayag agreed.

Once in the office, the two had a heated argument because of the latter’s refusal to give his knife. Tayag
hurriedly left the office after the argument. He was followed by Pat. Aguilar, together with Pat. Mallari
and Pat. Canlas who were also in the Office at the time of the argument. Aguilar fired his gun upward
which made Tayag turnabout. Tayag retreated backwards until he reached a wooden fence. There, Pat.
Aguilar shot him about the knee. Tayag ran towards his house. However, Pat Mallari intercepted near
the waiting shed where Pat. Aguilar joined him. Together, they fired nine consecutive shots.

Tayag was found lying prostate on the streets near the municipal building. Afterwards, Pat. Dela Cruz
took the knife from Tayag and gave it to Pa. Buensuceso. Pat. Izon, Pat. Jose, and Pat. Joson were also
seen near the vicinity of the crime.

Sgt, Romualdo Espiritu noticed the commotion in the plaza and inquired what happened. He saw the
body of Tayag and immediately ordered to bring the body to the Municipal Health Center where it was
inspected. He then went to the municipal building where he learned that some police officers were
involved. He asked Pat. Aguilar and Pat. Buensuceso’s gun and found empty smells. He also smelled the
barrel and found that both had been recently fired.

Issue: WON accused are guilty of homicide.

Ruling:

No. The crime is Murder because it was qualified by treachery. The victim was already retreating
backwards until he reached the fence of the town plaza when AGUILAR fired his revolver at the former
hitting him above the right knee. Notwithstanding that he was already hit and wounded, and possibly
immobilized, he was still subjected to successive shots as shown by the wounds that he had received,
even at his back. Certainly, the means employed by the accused-appellants tended directly and specially
to insure the execution of the crime without risk to themselves arising from any defense which the
victim might have made.

The killing of the victim was also aggravated by abuse of superior strength as shown by the number of
assailants, which circumstance, however, is absorbed by treachery.