GR 112984; (November, 1996) (Digest)
G.R. No. 112984 November 14, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CRESENCIO DE GRACIA AND BONIFACIO DE GRACIA, accused-appellants.
FACTS
On February 19, 1992, in Cuyapo, Nueva Ecija, brothers Cresencio, Bonifacio, and Dalmacio De Gracia were hurling invectives at the Almazan family. The 70-year-old victim, Crispin Almazan, went out and confronted them. Cresencio then hooked Crispin’s neck with a bamboo pole, after which Bonifacio stabbed him with a bolo, causing him to fall. Dalmacio (who remained at large) and Bonifacio proceeded to stab the victim multiple times. The incident was witnessed by prosecution witnesses Anita Almazan and Aries Almazan. Crispin Almazan died from multiple stab wounds. The brothers were charged with Murder. Upon arraignment, only Cresencio and Bonifacio pleaded not guilty, as Dalmacio was not apprehended. The trial court convicted both accused and sentenced them to reclusion perpetua, with damages.
ISSUE
The main issues were: (1) the credibility of prosecution witnesses; (2) the validity of the appellants’ claim of self-defense and defense of a relative; and (3) the propriety of applying the mitigating circumstance of voluntary surrender for Bonifacio.
RULING
The Supreme Court affirmed the conviction but modified the penalty for Bonifacio. The Court found the testimonies of the prosecution witnesses credible. Minor inconsistencies regarding the exact location and weapons used were deemed negligible, as witnesses viewed the event from different angles, and such variances did not undermine the core narrative of a concerted attack. The claim of self-defense and defense of a relative was rejected. For this defense to prosper, the accused must prove unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation. The appellants failed to substantiate unlawful aggression by the unarmed 70-year-old victim against three armed men. The Court, however, recognized the mitigating circumstance of voluntary surrender in favor of Bonifacio, who spontaneously surrendered to authorities. Applying Article 64(2) of the Revised Penal Code, his penalty was reduced. Using the Indeterminate Sentence Law, Bonifacio was sentenced to an indeterminate penalty of 10 years and 1 day of prision mayor as minimum to 20 years of reclusion temporal as maximum. Cresencio, who did not surrender, correctly received reclusion perpetua. The award of moral damages was redesignated as civil indemnity.