GR 94534; (July, 1992) (Digest)

G.R. No. 94534 July 2, 1992
People of the Philippines, plaintiff-appellee, vs. Rodrigo Bigcas y Amuncio and Quiliano Butron y Perocho, accused-appellants.

FACTS

Accused-appellants Rodrigo Bigcas and Quiliano Butron were convicted by the Regional Trial Court of Bohol of murder for killing Ambrocio Palapar and sentenced to reclusion perpetua. The prosecution’s version, based on eyewitnesses Rosito Doydoy and Jesus Calape, was that on the evening of July 25, 1988, appellants attacked Palapar. Butron struck Palapar with a piece of wood, and Bigcas chased and stabbed him with a bolo. After Palapar fell, Butron hit him again with wood, and Bigcas stabbed him several more times. The defense claimed self-defense. Butron testified that on his way home, Palapar waylaid and stabbed him, and he wrestled the bolo away and stabbed Palapar in return. Bigcas claimed he merely accompanied the wounded Butron to the police and hospital. The trial court rejected the defense and convicted appellants of murder.

ISSUE

The main issues were: (1) whether the trial court erred in not crediting appellant Butron’s claim of self-defense; (2) whether the trial court erred in convicting appellant Bigcas of murder despite the alleged lack of qualifying circumstances; and (3) whether the aggravating circumstance of nocturnity was correctly appreciated.

RULING

The Supreme Court modified the trial court’s decision. It upheld the factual findings and credibility of the prosecution witnesses, rejecting Butron’s claim of self-defense because unlawful aggression had ceased when Palapar fled, and appellants’ subsequent pursuit and attack were unjustified. However, the Court found that the qualifying circumstances of treachery and abuse of superior strength were not proven. The attack was not sudden and from behind, and the number of aggressors alone does not constitute abuse of superior strength. The crime was therefore homicide, not murder. The aggravating circumstance of nocturnity was not proven to have been purposely sought. The mitigating circumstance of voluntary surrender was established in favor of both appellants. Consequently, appellants were found guilty of homicide, mitigated by voluntary surrender. Each was sentenced to an indeterminate penalty of ten (10) years of prision mayor, as minimum, to fourteen (14) years and eight (8) months of reclusion temporal, as maximum. The civil indemnity was increased to P50,000.00.