G.R. No. 111288 January 18, 1995
People of the Philippines vs. Rene Nuestro y Jagonase

FACTS

Accused-appellant Rene Nuestro was charged with the murder of Ludovico Dabi. The prosecution presented eyewitness Lani Dabi, the victim’s daughter, who testified that on May 24, 1991, as she and her father arrived home, Nuestro suddenly appeared and without provocation stabbed Dabi multiple times. Witness Elias Franco corroborated this, stating he saw Nuestro stab the victim and later heard Nuestro declare, “I hold myself responsible and I’ll go to jail for this.” The wounded Dabi was pronounced dead before reaching the hospital.
Nuestro admitted killing Dabi but presented a different version, claiming self-defense. He testified that Dabi, who was allegedly drunk, repeatedly challenged him to a fight. When Nuestro finally went out to confront him, Dabi allegedly pulled a knife. A struggle ensued, and Nuestro claimed he was forced to stab Dabi to defend himself. He asserted the mitigating circumstances of plea of guilty and voluntary surrender.

ISSUE

The core issue is whether the killing was attended by the qualifying circumstance of treachery to constitute murder, or if Nuestro’s claim of self-defense and mitigating circumstances should be credited.

RULING

The Supreme Court affirmed the conviction for murder. The Court found the prosecution’s version credible and consistent. The attack was treacherous. The victim was caught completely unaware while unlocking his gate, with his back initially turned, giving him no opportunity to defend himself. The suddenness and method of the attack ensured its execution without risk to Nuestro.
The claim of self-defense was rejected. For self-defense to succeed, the accused must prove unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation. Nuestro failed to establish unlawful aggression. His own testimony revealed that after hearing the victim’s challenges, he deliberately went out of his house to confront Dabi, thereby meeting the aggression instead of avoiding it. This negates a defensive stance. Furthermore, his claim of voluntary surrender was not proven, as the evidence showed he was placed under citizen’s arrest by witnesses and turned over to the police. The trial court’s assessment of witness credibility, favoring the straightforward testimonies of the prosecution witnesses over the accused’s self-serving claim, was upheld. The penalty of reclusion perpetua and the awarded damages were affirmed.