G.R. No. L-22231 March 21, 1968
People of the Philippines, plaintiff-appellee, vs. Marcelo Paat alias Pedring, defendant-appellant.

FACTS

Marcelo Paat, Virgilio Paat, and Juan Donato were charged with murder. The trial court acquitted Juan Donato and Virgilio Paat on reasonable doubt but convicted Marcelo Paat of murder, considering the mitigating circumstance of passion or obfuscation, and sentenced him to an indeterminate penalty. Marcelo Paat appealed to the Court of Appeals, which found him guilty of murder qualified by treachery and without the mitigating circumstance, and certified the appeal to the Supreme Court as the imposable penalty was reclusion perpetua. The prosecution evidence established that on August 25, 1957, in the market place of Masical, Amulong, Cagayan, an altercation ensued after Eulogio Catuiran felt insulted when Juan Donato declined a drink. Virgilio Paat and Teodorico Catuiran intervened. Juan Donato held Teodorico’s right hand and Virgilio held his left hand. At that moment, Marcelo Paat approached and stabbed Teodorico in the back with a bolo. When released, Teodorico drew his bolo, swung it, hit Virgilio in the abdomen, then slumped and died from a fatal stab wound. The defense evidence claimed Marcelo acted to defend his brother Virgilio, who was allegedly stabbed first by Teodorico.

ISSUE

The decisive issue is whether appellant Marcelo Paat inflicted the mortal wound in defense of his brother Virgilio.

RULING

The Supreme Court affirmed the finding of the Court of Appeals. It held that the prosecution evidence, particularly the credible testimony of witness Alfonso Binayug, established that Marcelo Paat stabbed Teodorico Catuiran in the back while the latter was helpless, with his hands held by Juan Donato and Virgilio Paat. Teodorico only stabbed Virgilio after being released, following the mortal wound inflicted by Marcelo. Thus, the claim of defense of a relative is without merit. The mitigating circumstance of passion or obfuscation is not applicable, as there was no sufficient reason for such a state. The crime committed is murder qualified by treachery. With no modifying circumstances, the penalty is imposed in its medium period, which is reclusion perpetua. The appealed judgment is modified accordingly and affirmed in all other respects.