GR 105692; (December, 1993) (Digest)
G.R. No. 105692 December 7, 1993
People of the Philippines, plaintiff-appellee, vs. Roger Genial and Raul Salva, accused. Raul Salva, accused-appellant.
FACTS
Accused-appellant Raul Salva was convicted of murder by the Regional Trial Court and sentenced to reclusion perpetua. The indictment alleged that on March 1, 1991, in Barangay Roxas, Mainit, Surigao del Norte, Salva and Roger Genial, conspiring and with treachery and evident premeditation, attacked and stabbed Benjamin Amar, causing his death. The prosecution evidence established that at about 4:30 P.M., Genial confronted and boxed Amar. They grappled for possession of Amar’s bolo, with Genial falling and Amar sitting on top of him. While they were struggling, Salva appeared and stabbed Amar in the back and then in the chest. Salva then ran away. Three prosecution witnesses (Pepino Tecson, Juan Paramo, Jr., and Bonifacio Mota) clearly and positively identified Salva as the assailant. The defense presented a different version, with Genial claiming he acted in self-defense and that Salva had nothing to do with the killing. The trial court found the prosecution witnesses credible, rejected the claim of conspiracy between the accused, but convicted Salva of murder qualified by treachery.
ISSUE
Whether the trial court erred in finding accused-appellant Raul Salva guilty beyond reasonable doubt of murder.
RULING
The Supreme Court modified the judgment. It upheld the trial court’s findings on credibility, affirming that Salva was the perpetrator of the killing. However, it ruled that the qualifying circumstance of treachery was not present. The attack was not sudden and unexpected; the victim was already engaged in a struggle with Genial and was aware of the danger. The Court also found no conspiracy, as Salva appeared from nowhere and participated spontaneously. Without any qualifying circumstance, the crime committed is homicide, not murder. The Court sentenced Salva to an indeterminate penalty of ten years of prision mayor, as minimum, to seventeen years and four months of reclusion temporal, as maximum; ordered him to indemnify the heirs of the victim in the amount of P50,000.00; and to pay actual damages of P13,389.00.