GR 77114; (May, 1992) (Digest)
G.R. No. 77114 May 27, 1992
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BERNARDO LITERADO Y PARON, accused-appellant.
FACTS
On the evening of March 29, 1981, in Lolomboy, Bocaue, Bulacan, witnesses Esperidion Mendoza and Delfin Gonzales, along with others, were flagging down a tricycle for their companion, Ernesto “Nestor” Andres. As the tricycle accelerated, accused-appellant Bernardo Literado, who had been standing on the other side of the road, suddenly pulled out a knife and thrust it at Andres, hitting him on the left side. Andres alighted, ran after Literado, but later emerged from a house bleeding profusely. He was brought to a medical center but was declared dead on arrival. The autopsy revealed fatal stab and incised wounds. Earlier that evening, there had been a misunderstanding and a loud exchange of words between Literado and Andres at a store. The defense presented a different version, claiming that Andres mauled Literado, chased him into a house, and attacked him with a knife while he was under a bed, prompting Literado to grab a bolo and stab Andres in self-defense. The prosecution presented evidence of a brownout in the area at the time of the incident.
ISSUE
1. Whether the trial court erred in giving more credence to the prosecution witnesses’ testimonies over the defense’s version.
2. Whether the trial court erred in finding that the killing was attended by the qualifying circumstance of treachery.
3. Whether the trial court erred in convicting the accused-appellant of murder despite his guilt not being established beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction with modifications. The trial court’s findings on the credibility of witnesses are entitled to great weight and were not shown to be erroneous. The justifying circumstance of self-defense was not proven, as the essential requisite of unlawful aggression was not established; the defense’s account was deemed inconceivable by the trial court. Treachery was duly established, as the accused employed means to ensure the execution of the crime without risk to himself, attacking the victim who was unarmed and unable to defend himself while on a moving tricycle. The penalty was corrected from “imprisonment for life” to reclusion perpetua, as the latter is the proper penalty for murder under the Revised Penal Code, and the civil indemnity was increased to P50,000.00.