People vs.

Gutual
G.R. No. 115233
Feb. 22, 1996
FACTS: The respondents � Wilson Gutual and Joaquin Nadera were members of the
Civilian Armed
Forces Georgraphic Unit of San Vicente, Davao. Gutual and Nadera were charged with
the crime if
murder by the Regional Trial Court of Tagum, Davao Del Norte, for the death of
Celestino Maglinte.

There were two versions of the incident during the trial.

According to the prosecution, on December 29, 1990, Maglinte, the victim, who was a
farmer and was
carrying his bolo was walking along the barangay road along with his four-year-old
child, when he was
suddenly surprised by an explosion from a firecracker. Because of this, he left his
child by the side of
the road and he went to store of Barangay Captain Wayne Gutual and started to call
the latter.
Unfortunately, no one was answering him. So Maglinte went in search for Brgy Capt
Gutual, and went
to the nearest basketball court. Then all of a sudden, Wilson Gutual and Joaquin
Nandera appeared in
the picture who were carrying their own firearms (Garand rifle and M-14 rifle).
Gutual fired around
several warning shots, which causes Maglinte to drop into the ground during the
first time and later on,
he raised his hand to show that he was surrendering to Nadera and Gutual. But
still, Gutual fired more
shots which injured Maglinte. Afterwards, both Gutual and Nadera shot Maglinte,
which led to the
latter�s death. Both Gutual and Nadera left the scene immediately. The next
morning, Maglinte was
buried immediately, according to Brgy Capt Gutual�s order.

On the other hand, the defendant�s argument, the killing was committed because of
self-defense and in
defense of a relative or stranger. Maglinte was running amuck and chasing Brgy
Capt. Gutual in front of
his home. Upon hearing the shouts for help of the onlookers, Gutual and Nadera went
to the scene and
the former fired warning shots to get the attention of Maglinte, who stopped
chasing Brgy Capt Gutual
and started advancing towards Gutual instead with his bolo out in the open. The
latter continued to fire
warning shots and retreated backwards until he was pinned against the wall, as
Maglinte continued to
advance and started hacking away at Gutual. To stop the former, Nadera fired
several warning shots
again as Gutual evaded the hacking blows of Maglinte. The former fired at
Maglinte�s hand to disarm
him of his bolo, but unfortunately, the bullet pierced the latter�s bolo wielding
arm, then it went to his
chest and went out of his back.

Almost two months after the incident, Gutual and Nadera were arrested and both were
charged of the murder of Maglinte. But then, Nadera was later acquitted and was
asked instead, to pay for the civil liabilities, while Gutual was convicted as per
the first decision in January of
1996. The latter appealed that the decision and alleges have some errors. These
errors were divided intp
two issues.
ISSUES:
1) Whether or not Joaquin Nadera should be held civilly liable despite his
acquittal?
2) Whether or not Wilson Gutual has sufficiently proved self-defense or defense of
a relative or of a
stranger on at the very least the incomp lete justifying circumstance of self-
defense or defense of a
stranger.
RULING: The Courts granted Gutual�s appeal. The decision of Branch 1 of RTC Tagum
in Criminal
Case no. 7851 which charges accused-appellant guilty beyond reasonable doubt of the
crime of murder
and sentenced to the penalty of reclusion perpetua and to pay the civil liabilities
too, was REVERSED
and SET ASIDE by the Courts and Gutual was later on acquitted of the charge.