GR 117218; (March, 1997) (Digest)
G.R. No. 117218 March 20, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GERRY NALANGAN, alias GERRY BUKOL, accused-appellant.
FACTS
Accused-appellant Gerry Nalangan was convicted of murder by the Regional Trial Court for the fatal stabbing of Emmanuel Rosal. The prosecution presented eyewitnesses Rogelio Alvarez and Jose Samone, Jr., who testified that after a drinking session, they saw Nalangan running away from the wobbling victim, who then exclaimed he had been stabbed by Nalangan. The incident occurred in a well-lit area, and the witnesses were nearby. The victim later died from the abdominal wound.
Nalangan claimed self-defense, alleging that the victim initially tried to extort money and sell him marijuana, then assaulted him with a knife. He testified that during the struggle, he managed to grab the knife and stabbed Rosal only when the latter was choking him. He argued the trial court erred in crediting the prosecution witnesses and disregarding his version.
ISSUE
Whether the trial court erred in convicting Nalangan and in rejecting his claim of self-defense.
RULING
The Supreme Court modified the conviction from murder to homicide. The Court upheld the trial court’s factual findings and rejection of self-defense. For self-defense to prosper, the accused must prove unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation. Nalangan’s uncorroborated testimony failed to meet this burden. The positive testimonies of two prosecution witnesses, who were friends of both parties and devoid of ill motive, established that no prior altercation occurred. Instead, evidence showed Nalangan had earlier expressed intent to harm the victim and was armed. His immediate flight from the scene, where only friends were present, further belied his claim of justified defense.
However, the qualifying circumstances of treachery and evident premeditation were not proven. The prosecution witnesses did not witness the actual stabbing, so the manner of attack could not be established to show treachery. While Nalangan expressed an evil design minutes before the act, this short interval did not constitute the sufficient lapse of time required for evident premeditation. Thus, the crime committed is homicide, not murder. The penalty was modified to an indeterminate sentence of 10 years of prision mayor medium, as minimum, to 17 years and 4 months of reclusion temporal medium, as maximum. The civil indemnity was increased to P50,000.00.