GR L 1912; (March, 1950) (Digest)
G.R. No. L-1912; March 30, 1950
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. ANATOLIO LLENARIZAS, defendant-appellant.
FACTS
Anatolio Llenarizas was charged with murder for killing Benito Anora with a revolver. Llenarizas admitted the killing but claimed as a defense that he was a member of the “Zabat Outfit” guerrilla unit and that Anora was a Japanese spy. He alleged that Anora attacked him with a bolo, forcing him to shoot in self-defense, and that he had orders from Colonel Zabat to shoot Anora “at sight.” To support the spy claim, a defense witness testified that Anora guided Japanese soldiers in an arrest. However, the prosecution presented the testimony of Commander Demetrio J. Camoa of the Constabulary, who stated that Anora was a loyal guerrilla under his command and was not a spy, and was in a different location on the date of the alleged incident.
ISSUE
Whether the accused, Anatolio Llenarizas, is guilty of the crime of murder.
RULING
Yes, the accused is guilty of murder. The Supreme Court affirmed the trial court’s judgment convicting Llenarizas and sentencing him to reclusion perpetua.
The Court found the defense claims unsubstantiated. The testimony of Commander Camoa, who had direct knowledge of Anora’s guerrilla activities, convincingly established that Anora was not a spy but a loyal guerrilla. The alleged “shoot on sight” order (Exhibit 5-A) was deemed a fabricated defense, as the written order from Colonel Zabat (Exhibit 5) required the preparation of an expediente (dossier) for actions against suspects, which Llenarizas did not have. The claim of self-defense was rejected as incredible; eyewitnesses testified that Anora was surrendering his bolo (holding it by the blade to offer the handle) when Llenarizas shot him. The killing was attended by alevosia (treachery) because the accused, armed with a revolver and backed by armed companions, faced no personal danger from the surrendering victim armed only with a bolo. The accused could not avail himself of the amnesty for guerrilla acts.
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