G.R. No. L-1935; August 11, 1949
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELADIO BALOTOL, defendant-appellant.

FACTS

The appellant, Eladio Balotol, was convicted of double murder for killing Potenciano Sabasido and Bernardino Lacambra. In 1941, Sabasido had wounded the appellant and was convicted for it. On May 24, 1942, at a cockpit, the prosecution witnesses testified that the appellant approached Sabasido from behind and stabbed him with a bolo in the back; the blow pierced through Sabasido’s body and also wounded Lacambra, who was standing in front. The appellant stabbed Sabasido again, causing his instantaneous death; Lacambra died seven days later. The appellant claimed self-defense, alleging that Sabasido attacked him first during a face-to-face encounter and that he did not know how Lacambra was wounded. The trial court rejected the defense’s version and believed the prosecution’s account.

ISSUE

Whether the trial court correctly convicted the appellant of double murder.

RULING

Yes, the conviction is affirmed. The Supreme Court agreed with the trial court’s assessment of the evidence. The nature and position of Sabasido’s wounds (both piercing from back to front) were inconsistent with a face-to-face fight and corroborated the prosecution’s story of a treacherous attack from behind. The defense’s claim that Sabasido accidentally wounded Lacambra while chasing the appellant after sustaining fatal wounds was deemed medically impossible. The crime constituted double murder under Article 248 in relation to Article 48 of the Revised Penal Code. Applying Article 48, the penalty for the most serious crime (murder) should be imposed in its maximum period (death), but due to the lack of the necessary votes for the death penalty, the Court imposed the penalty next lower in degree: life imprisonment. The judgment was affirmed.

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