GR 108492; (July, 1997) (Digest)
G.R. No. 108492 July 15, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NOEL BANIEL and JOLLY BANIEL, accused-appellants.
FACTS
On December 25, 1990, at Furugganan Landing in Aparri, Cagayan, Nicasio Caluag was buying mangoes. While he was stooping to pay, accused-appellant Jollymer “Jolly” Baniel surreptitiously approached him from behind and stabbed him in the back with a knife. Caluag fell, and Jolly stabbed him again. Accused-appellant Noel Baniel, Jolly’s brother, then joined in, stabbing Caluag several times with another knife. The victim suffered eight stab wounds, one incised wound, and one hack wound, seven of which were fatal. The brothers fled but were later apprehended. They were charged with Murder, convicted by the Regional Trial Court, and sentenced to reclusion perpetua. On appeal, Noel invoked self-defense, claiming the victim attacked him first with a knife. Jolly denied participation and invoked alibi.
ISSUE
1. Whether accused-appellant Noel Baniel validly acted in self-defense.
2. Whether accused-appellant Jolly Baniel’s defense of alibi and denial is credible.
3. Whether the crime committed is Murder qualified by treachery.
RULING
1. NO, Noel Baniel’s claim of self-defense fails. He did not prove the essential element of unlawful aggression by clear and convincing evidence. The victim was stooping and had his back turned when Jolly initiated the attack from behind. The nature, number, and location of the victim’s wounds, inflicted on vital parts from the neck to the chest, stomach, arms, and back, indicate a determined effort to kill, not to defend. The trial court found his account of overpowering the larger and stronger victim while being left-handed to be incredible. The treachery present negates any unlawful aggression from the victim.
2. NO, Jolly Baniel’s defense of alibi and denial is unavailing. His alibi was found by the trial court to be a mere concoction. He failed to prove he was not at the scene of the crime; evidence placed him at Furugganan Landing. His denial, being a negative and self-serving assertion, cannot prevail over the positive identification by credible eyewitnesses who saw him initiate the attack.
3. YES, the crime is Murder qualified by treachery. The attack was executed in a manner that directly and specially ensured its execution without risk to the appellants from any defense the victim might offer. Jolly’s surreptitious attack from behind while the victim was stooping and defenseless rendered the victim unable to retaliate. This deliberate method constitutes treachery, which qualifies the killing to Murder. The penalty of reclusion perpetua imposed by the trial court is affirmed, as the crime was committed in 1990, prior to the effectivity of the Death Penalty Law. The award of damages is likewise sustained.