G.R. No. 109146 August 17, 1994
People of the Philippines, plaintiff-appellee, vs. Ariel Gomez, accused-appellant.

FACTS

Accused-appellant Ariel Gomez was charged with murder for the death of Rodel Rieza. The prosecution evidence established that on February 11, 1987, at around 2:00 a.m., barangay tanod Rodolfo Labella, the victim Rodel Rieza, and Larry Natino were on their way to investigate a woman’s scream. Rodel was walking ahead holding a torch. The accused, who had earlier been admonished by Labella for being drunk and had left the party, suddenly appeared from the dark and without warning stabbed Rodel twice, causing fatal wounds. Rodel identified the accused as his assailant before dying. The accused interposed self-defense, claiming he was waylaid and attacked by a group including the victim, and that he wrested a sharp object from Rodel and stabbed him during the struggle. The trial court rejected this defense, found the accused guilty of murder qualified by treachery, and sentenced him to reclusion perpetua.

ISSUE

Whether the trial court erred in disregarding the accused-appellant’s plea of self-defense and in convicting him of murder.

RULING

The Supreme Court affirmed the conviction but modified the penalty and civil liability. The plea of self-defense failed because the accused did not prove the essential elements. Unlawful aggression originated from the accused, not the victim, as shown by the sudden and unprovoked attack. The medical certificate of the accused’s injuries indicated they were sustained two to three days before the incident, contradicting his claim of being mauled on the night of the killing. The means employed (two sudden stab wounds to vital parts) were not reasonably necessary for self-defense. However, the qualifying circumstance of treachery was not sufficiently established, as the attack, though sudden, was frontal and the victim was with companions, not completely helpless. Thus, the crime is homicide, not murder. The penalty was reduced to an indeterminate sentence of 10 years and 1 day of prision mayor maximum as minimum to 17 years, 4 months and 1 day of reclusion temporal maximum as maximum. Civil liability was modified: actual damages increased to P14,600.00 (P600.00 banca rental, P12,000.00 funeral services, P2,000.00 wake expenses), moral damages deleted, and civil indemnity for death affirmed at P50,000.00.