GR 129926; (October, 2001) (Digest)
G.R. No. 129926 ; October 8, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NOLE ZATE Y MATANOG, accused-appellant.
FACTS
The prosecution established that on the evening of May 6, 1995, in a waiting shed in Naawan, Misamis Oriental, the victim Crisanto Ababao arrived and laid down on a bench. Accused-appellant Nole Zate, who was drinking with others nearby, suddenly stood up and without any warning or altercation stabbed the prone victim twice, causing his death. Appellant immediately fled. Prosecution witnesses, including Leo Gaid who was present, testified to the suddenness of the attack, stating the victim was in no position to defend himself. The autopsy confirmed the fatal stab wounds.
The defense presented a contrary version, claiming the victim was drunk, provoked an argument, and first attacked appellant with a bamboo stick. Appellant alleged he wrestled the stick away and acted in self-defense when the victim continued his aggression. The trial court rejected this defense, finding the testimonies of prosecution witnesses credible and consistent, while noting discrepancies and the improbability in appellant’s account.
ISSUE
Whether the trial court erred in convicting appellant of Murder qualified by treachery.
RULING
The Supreme Court affirmed the conviction. The trial court’s assessment of witness credibility is accorded high respect, as it is in a better position to observe demeanor. The prosecution witnesses provided a clear, consistent, and straightforward narrative of a sudden, unprovoked attack on a defenseless victim who was lying down. This factual finding supports the legal qualification of treachery.
The legal logic for finding treachery is that the means of execution were deliberately adopted by the offender to ensure the act without risk from any defense the victim might make. The essence is a sudden, unexpected attack without the slightest provocation. Here, the victim was asleep and unaware, with no opportunity to resist or escape, squarely meeting the criteria for treachery under Article 14(16) of the Revised Penal Code. The mitigating circumstance of voluntary surrender was correctly appreciated, warranting the imposition of reclusion perpetua as the minimum penalty for Murder. The awarded damages were also affirmed as consistent with jurisprudence.