G.R. No. 123143 July 19, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GIL TADEJE y ALGER and JOSE MENDOZA y MALLARI, accused-appellants.

FACTS

On July 8, 1994, an Information was filed charging accused Gil Tadeje and Jose Mendoza with the murder of Antonio Alegre. The prosecution’s evidence established that on July 5, 1994, around 11:00 p.m., at a construction site in Quezon City, accused Tadeje and Mendoza, who were drunk, arrived and taunted people. Tadeje stabbed a co-worker, Junior Bunda, on the forehead with a spatula. When the victim, Antonio Alegre, approached to pacify Tadeje, both accused took turns successively stabbing Alegre, who later died. The autopsy revealed seven stab and incised wounds. Both accused were arrested. At trial, accused Gil Tadeje interposed self-defense, claiming the victim boxed him, pinned him down, and banged his head on the pavement, forcing him to use a spatula to defend himself. He presented a medical certificate showing contusions and an abrasion on his head. Accused Jose Mendoza denied participation, claiming he was inside a canteen and later slept. The Regional Trial Court convicted both of murder qualified by treachery and sentenced them to death.

ISSUE

1. Whether the trial court erred in rejecting accused-appellant Gil Tadeje’s claim of self-defense.
2. Whether the trial court erred in finding conspiracy between the accused.

RULING

1. On Self-Defense: The Supreme Court ruled that the trial court correctly rejected the claim of self-defense. For self-defense to be valid, the accused must prove by clear and convincing evidence: (a) unlawful aggression by the victim; (b) reasonable necessity of the means employed to repel it; and (c) lack of sufficient provocation. Accused-appellant Tadeje failed to prove unlawful aggression. The medical findings on his head injuries were inconclusive as the examining physician could not determine if they were sustained on the day of the incident. The injuries could have been incurred during the struggle with the victim and did not necessarily prove the victim was the aggressor. Furthermore, the number and nature of the victim’s wounds (seven stab and incised wounds) indicated a determined effort to kill, negating self-defense. No witnesses corroborated Tadeje’s version.
2. On Conspiracy: The Supreme Court affirmed the finding of conspiracy. Conspiracy exists when two or more persons come to an agreement to commit a felony and decide to commit it. Direct proof of a previous agreement is not necessary; it may be deduced from the mode and manner in which the offense was perpetrated. The evidence showed that both accused acted in concert: after Tadeje initially stabbed another person, and when the victim Alegre approached to pacify the situation, both accused “took turns in stabbing Antonio Alegre successively.” This unity of purpose and joint execution established conspiracy, making both accused equally liable for the crime of Murder.
DISPOSITIVE:
The Supreme Court MODIFIED the decision of the Regional Trial Court. The penalty of Death was reduced to reclusion perpetua in accordance with prevailing jurisprudence. The award of civil indemnity was increased to P50,000.00, and moral damages of P50,000.00 were additionally awarded. The award of actual damages (P40,000.00) was affirmed.