G.R. No. 104276 , September 20, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO A. ALAPIDE, accused-appellant.

FACTS

Accused-appellant Rolando Alapide was charged with murder for the fatal stabbing of Jose Abejo. The prosecution’s evidence established that on the evening of January 28, 1991, in Mayngaway, Catanduanes, Abejo was playing mahjong inside a cottage. Alapide, a spectator, was seated near the door. When Abejo stood up to leave, passing in front of Alapide, the latter suddenly thrust a bolo (“palas”) into Abejo’s chest. Abejo fled but died shortly thereafter. Alapide then fled to his uncle’s house, where he was later arrested. The weapon was recovered.
Alapide admitted the killing but invoked self-defense. He claimed that after Abejo passed by him, Abejo allegedly struck him on the temple, held him by the neck, dragged him outside, and repeatedly punched him. Only then, while stooping down, did he retrieve his “palas” from his back pocket and swing it at Abejo in a desperate act of defense.

ISSUE

The core issue is whether the killing was attended by the qualifying circumstance of treachery, thereby constituting murder, or whether Alapide’s claim of self-defense is credible.

RULING

The Supreme Court affirmed the trial court’s judgment convicting Alapide of murder. The Court rejected the claim of self-defense. When an accused invokes self-defense, the burden of proof shifts to him to establish its elements—unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation—by clear and convincing evidence. Alapide failed to discharge this burden. His version was deemed inherently improbable and inconsistent with the physical evidence. The nature, location, and direction of the single, fatal wound inflicted near the victim’s left nipple contradicted a story of a wild, defensive swing while being assaulted and stooping down.
The Court upheld the finding of treachery (alevosia). The attack was sudden and unexpected, executed in a manner that ensured the victim had no opportunity to defend himself. Alapide strategically positioned himself near the door, carried a concealed, unsheathed bladed weapon, and delivered a swift thrust to a vital part of the victim’s body just as the unarmed and unsuspecting Abejo passed by. This method consciously adopted by Alapide eliminated any risk to himself from any defense the victim might offer, thereby qualifying the killing as murder. The penalty of reclusion perpetua and the awarded damages were affirmed.