G.R. No. 120547 January 29, 2001
People of the Philippines, plaintiff-appellee, vs. Edison Plazo, accused-appellant.

FACTS

The prosecution’s evidence established that on August 8, 1989, in Tigaon, Camarines Sur, appellant Edison Plazo confronted the victim, Romeo Fabula, at a store. Plazo boxed Romeo and banged his head against a post, angered because Romeo had earlier pointed out the location of Plazo’s brother to the police, leading to the brother’s arrest. When the victim’s mother, Leonor Fabula, intervened, Plazo became angry at her. Romeo broke free and ran, but Plazo chased him with a small bolo locally called a “gatab.” Plazo caught up with Romeo and stabbed him multiple times, causing his death. The police later found Romeo’s body with the bolo embedded in his chest. Leonor Fabula positively identified Plazo as the assailant.
The defense presented a different version, claiming self-defense. Appellant testified that the victim, who was drunk, initiated the aggression by striking him with a billiard cue and later chasing him with a bolo. Plazo alleged that he merely grappled with the victim for possession of the weapon, and it accidentally ended up embedded in the victim’s chest. The trial court rejected this defense, convicted Plazo of Murder qualified by treachery, and sentenced him to reclusion perpetua.

ISSUE

Whether the trial court erred in convicting appellant of Murder, qualified by treachery, beyond reasonable doubt.

RULING

The Supreme Court modified the conviction from Murder to Homicide. The Court upheld the trial court’s finding that the prosecution proved the killing beyond reasonable doubt, rejecting the appellant’s claim 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. The Court found appellant’s narrative unconvincing. His flight after the incident and failure to report it to authorities contradicted his claim of innocence. The positive and credible eyewitness account of Leonor Fabula prevailed over his denial.
However, the Court ruled that the qualifying circumstance of treachery was not sufficiently established. The prosecution evidence showed that the initial attack at the store was a sudden physical assault, not a killing attack. The fatal stabbing occurred later, during a chase. The essence of treachery requires that the means of execution be deliberately adopted without giving the victim any opportunity to defend himself. The chase indicated that the victim was aware of the danger and was attempting to flee, thereby having a chance, however minimal, to avoid the attack. Thus, the killing was not attended by treachery. The crime committed is Homicide. The penalty was modified to an indeterminate sentence of 8 years and 1 day of prision mayor medium as minimum, to 15 years, 6 months, and 20 days of reclusion temporal medium as maximum. The award of actual damages was deleted for lack of receipts, and temperate damages of P15,000 were granted in lieu thereof.