G.R. No. 112451 June 28, 1999
People of the Philippines vs. Jose Bitoon, Sr., Bernardo Bitoon, Joebel Bitoon, and Roger Depeño

FACTS

On the evening of June 8, 1988, Jesus Charlie Cadiz and three companions were walking along a road in Barangay Lanot, Roxas City. As they passed the Bitoon residence, accused-appellant Joebel Bitoon suddenly attacked Cadiz by striking his head with an iron pipe. When Cadiz attempted to flee, Bernardo Bitoon chased and also struck him with a pipe, causing him to fall. Their father, Jose Bitoon, Sr., then appeared and hacked Cadiz on the right thigh with a fighting bolo. Joebel and Bernardo continued to bludgeon the prone victim. Roger Depeño, Jose’s brother-in-law, was present watching the assault. The scene was illuminated by two 50-watt light bulbs from nearby houses, enabling prosecution eyewitnesses Ellano Aducal and Arturo Abaracoso to clearly identify all accused-appellants. Cadiz died from shock secondary to hemorrhage due to the slashing wound on his thigh.
The accused-appellants interposed separate defenses. Jose Bitoon, Sr., claimed self-defense, alleging Cadiz was the armed aggressor who destroyed property and challenged him to a fight, forcing him to retaliate. Accused-appellants Joebel Bitoon, Bernardo Bitoon, and Roger Depeño each presented alibis, asserting they were elsewhere during the incident. The Regional Trial Court convicted all four of murder qualified by treachery and sentenced them to reclusion perpetua.

ISSUE

Whether the trial court correctly convicted the accused-appellants of the crime of murder.

RULING

Yes, the Supreme Court affirmed the conviction. The defense of self-defense by Jose Bitoon, Sr., fails as he did not prove the essential elements of unlawful aggression by the victim. His claim that Cadiz was the initial aggressor is contradicted by the credible and consistent testimonies of two eyewitnesses, who had no motive to falsely testify and who positively identified him and his co-accused. The physical evidence, particularly the multiple wounds inflicted on Cadiz from behind and while he was already down, also belies the claim of a mere sudden fight and instead indicates a concerted attack.
The alibis of Joebel, Bernardo, and Roger are weak and cannot prevail over the positive identification by the prosecution witnesses. The crime scene was well-lighted, allowing for clear recognition. The Court found the qualifying circumstance of treachery to be present. The attack was sudden and unexpected, depriving Cadiz of any opportunity to defend himself. The initial blow from behind rendered him helpless, and the subsequent blows and hackings were made while he was incapacitated, ensuring the execution of the crime without risk to the assailants. The penalty of reclusion perpetua was correctly imposed.