GR 135050; (April, 2002) (Digest)
G.R. No. 135050; April 19, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EFREN TEJERO, LUCIO PORTON, CESAR TEJERO and ARNEL TEJERO, accused-appellants.
FACTS
The accused-appellants were convicted of murder for the killing of Alfredo Balase during a barangay fiesta dance. Prosecution witnesses Romeo Balase and Henry Quiling testified that in the early morning of June 18, 1995, inside a well-lit auditorium, the victim was resting his head on a table when appellant Efren Tejero suddenly approached and stabbed him. Alfredo ran towards the gate where appellant Lucio Porton struck at him with a club. Appellant Cesar Tejero then held Alfredo’s head, while Lucio held his arm, enabling appellant Arnel Tejero to stab the victim multiple times in the chest and shoulders. Efren acted as a lookout during this concerted attack. The defense, principally through Efren, claimed self-defense, alleging Alfredo was the initial aggressor outside the auditorium.
ISSUE
The core issue is whether the trial court correctly convicted the appellants of murder, qualified by treachery, rather than a lesser homicide, and whether the claim of self-defense is credible.
RULING
The Supreme Court affirmed the conviction for murder. The defense of self-defense was rejected for failure to prove the essential elements of unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation. Efren’s claim that the victim was the aggressor was uncorroborated and belied by the credible and consistent testimonies of two eyewitnesses who vividly described a coordinated attack by multiple assailants. The Court upheld the finding of treachery (alevosia). The attack was sudden and unexpected, executed in a manner that deprived the victim of any opportunity to defend himself or repel the assault. The victim was first stabbed while resting and was then restrained by some appellants while others stabbed him, ensuring the execution without risk to the attackers. The fact that the initial attack may have been frontal does not negate treachery when the assault is so swift and unforeseen that the victim is rendered incapable of self-defense. With no modifying circumstances, the penalty of reclusion perpetua and an award of P50,000 as civil indemnity were affirmed. The appeal of Arnel Tejero, who was at large, was dismissed, and his conviction was deemed final.