GR 122248; (February, 1999) (Digest)
G.R. No. 122248 February 11, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGER DORADO, accused-appellant.
FACTS
Accused-appellant Roger Dorado was convicted of murder by the Regional Trial Court of Roxas City and sentenced to reclusion perpetua. The information alleged that on January 23, 1994, in Pontevedra, Capiz, Dorado treacherously stabbed Isidro Buñi, causing his death. The prosecution presented eyewitness Gigger Besana, who testified that during a benefit dance, he saw Dorado, from about one-and-a-half meters away, approach the victim from behind, place a hand on his shoulder, and stab him in the stomach with a “small long knife” without any prior altercation. Dr. Gervacio Diaz confirmed the victim died from hemorrhage due to a stab wound. The victim’s widow, Nelly Buñi, testified on the expenses incurred. The defense, invoking self-defense, presented Carlos Borbon and Dorado himself. They claimed an altercation ensued after both bid for a basket of goods at the dance; the victim allegedly became angry, kicked Dorado, and pulled a knife, and Dorado wrestled the knife away and stabbed the victim during the struggle. The prosecution presented rebuttal witnesses, including the emcee Amable Bertuso, who testified Dorado did not participate in the bidding. The trial court rejected the self-defense plea, found the prosecution witnesses credible, and appreciated treachery.
ISSUE
1. Whether the killing was attended by treachery.
2. Whether the trial court erred in rejecting the plea of self-defense.
3. Whether the trial court erred in convicting the accused of murder.
RULING
The Supreme Court AFFIRMED the trial court’s decision in toto.
1. On Treachery: The Court ruled that treachery was present. The attack was sudden and from behind, with the assailant placing a hand on the victim’s shoulder before stabbing him. The victim was unarmed, conversing with a friend, and had no opportunity to defend himself. The manner of attack was deliberately adopted to ensure the execution of the crime without risk to the assailant.
2. On Self-Defense: The Court rejected the plea of self-defense. When an accused invokes self-defense, the burden of proof shifts to him to prove the elements by clear and convincing evidence. The defense version was unreliable and inconsistent. The testimony of defense witness Carlos Borbon was impeached by rebuttal witness Jose Belvis, who revealed a relationship by affinity between Borbon and Dorado. Furthermore, Dorado’s conduct after the incident—fleeing immediately, hiding for months, and only surfacing when his bail was ready—was inconsistent with the behavior of an innocent person acting in self-defense and was indicative of guilt.
3. On the Conviction: The Court found no reason to disturb the trial court’s findings on the credibility of witnesses. The prosecution evidence established the crime of murder qualified by treachery beyond reasonable doubt. The penalty of reclusion perpetua and the awards of P50,085.50 as actual damages and P50,000.00 as civil indemnity were affirmed.