G.R. No. 106635 February 18, 1994
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HILARIO GEMENTIZA, accused-appellant.

FACTS

Accused-appellant Hilario Gementiza was charged with Murder for the killing of his brother, Leon Gementiza, on January 5, 1991, in Antequera, Bohol. The information alleged treachery and abuse of superior strength. During a Burial Mutual Aid meeting at a house, accused-appellant, who was sitting beside Cresencio Anoba, suddenly stood up and repeatedly stabbed his brother to death with a bolo. The autopsy revealed six stab wounds, with two hitting the heart, causing death. Accused-appellant claimed self-defense, testifying that his brother, who was drunk and had a bolo tucked on his waist, threatened him by saying, “Do not get near him because I will kill him,” and later challenged, “Who desire to fight and be killed?” before allegedly attempting to pull out his bolo. The trial court convicted him of Murder and sentenced him to Reclusion Perpetua.

ISSUE

Whether or not accused-appellant acted in self-defense.

RULING

No. The Supreme Court affirmed the conviction for Murder but modified the indemnity to P50,000.00. The plea of self-defense failed because accused-appellant did not prove the essential element of unlawful aggression on the part of the victim. The prosecution evidence, particularly the testimony of eyewitness Cresencio Anoba, established that the victim was sitting down and was unable to defend himself as accused-appellant placed his right hand on the victim’s breast and stabbed him repeatedly with force. The fact that a bolo was found on the victim did not prove he attempted to use it, and the number and nature of the wounds indicated the attack came from the accused. The burden of proving self-defense by clear and convincing evidence lies with the accused, which was not met. The Court also noted the existence of prior enmity between the brothers, supporting the conclusion that the killing was not in self-defense but out of vengeance or anger.