FACTS : The appeal challenges the Court of Appeals’ (CA) February 10, 2011 decision affirming the RTC of Cadiz City’s November 18, 2004 ruling convicting Ernesto Montilla y Cariaga of murder. Montilla and Dale Duay were charged for the August 20, 1999 killing of Ranie Lapidante, with Montilla claiming self-defense, testifying that the victim aggressively drew a “pugalite” and the fatal shot occurred during a struggle. The prosecution presented witnesses asserting that Montilla shot the victim on Duay’s instructions. The RTC found Montilla’s version implausible, noting lack of independent corroboration, and convicted him of murder with the aggravating circumstance of treachery, sentencing him to reclusion perpetua plus civil indemnity and moral damages. The CA affirmed this decision, adopting the RTC’s findings, and Montilla subsequently filed a Notice of Appeal to the Supreme Court, while the plaintiff-appellee indicated intent to uphold the CA’s factual findings, arguing that self-defense was unsupported and treachery properly applied.
ISSUE : WON the RTC is correct.
HELD : The appeal is denied. The accused-appellant’s claim of self-defense fails because he did not prove unlawful aggression by the victim, a necessary element to justify self-defense; his account was self-serving, uncorroborated, and contradicted by credible prosecution witnesses and the nature of the victim’s injuries. The trial court and the Court of Appeals correctly found that the killing was attended by treachery, as the victim was caught off-guard and defenseless when shot, making the crime murder under Article 248 of the RPC. The penalty of reclusion perpetua is thus affirmed, while the award of damages is modified: the accused-appellant is ordered to pay the heirs P75,000 each for civil indemnity, moral, and exemplary damages, plus P50,000 for temperate damages, with six percent annual interest from finality of the decision until full payment.
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