G.R. No. 98197; January 24, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DANILO MAGSOMBOL, accused-appellant.

FACTS

On the afternoon of December 25, 1980, accused-appellant Danilo Magsombol and the victim, Geraldo Magsombol, engaged in a fistfight after a heated argument regarding the accused’s brother-in-law’s recruitment activities. They were pacified and separated. Later that evening, at around 9:00 p.m., Geraldo was in front of a store with prosecution witnesses Jojo Magsombol, Leopoldo Magsombol, and Reynaldo Maullion. After a brief conversation, Geraldo left. About five meters away, he was suddenly met by the accused, who, without any warning or provocation, immediately stabbed him in the stomach. The three witnesses saw the attack. Geraldo staggered before collapsing. Before dying, he identified Danilo as his assailant to another witness, Nolasco Cilindro.
The accused invoked self-defense. He testified that while he was seated in front of the store, Geraldo approached and suddenly punched him, causing him to fall. He claimed he drew his knife only when Geraldo allegedly attempted to draw a weapon, and he stabbed in defense. The trial court convicted him of Murder, appreciating the qualifying circumstance of treachery.

ISSUE

Whether the trial court correctly convicted the accused of Murder, qualified by treachery.

RULING

No. The Supreme Court modified the conviction from Murder to Homicide. The legal logic centers on the failure of the prosecution to prove the qualifying circumstance of treachery (alevosia) beyond reasonable doubt. For treachery to be appreciated, two conditions must concur: (1) the employment of means of execution that gives the person attacked no opportunity to defend himself or retaliate, and (2) the deliberate and conscious adoption of such means. The Court found that the prosecution evidence did not establish how the assault commenced. The eyewitnesses only saw the actual stabbing but did not witness the initial confrontation between the accused and the victim immediately preceding it. This gap in the narrative leaves open the possibility that there was a sudden altercation, as the defense claimed, rather than a deliberate and unexpected attack on an unarmed and unsuspecting victim. Without clear and conclusive proof of the manner by which the aggression began, treachery cannot be presumed. Consequently, the killing constitutes the lesser crime of Homicide, not Murder. The Court imposed an indeterminate sentence and increased the civil indemnity to the heirs to Fifty Thousand Pesos (P50,000.00).