G.R. No. 124392 ; February 7, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FEDERICO ABRAZALDO @ “PEDING,” accused-appellant.

FACTS

On July 15, 1995, in Mangaldan, Pangasinan, an intoxicated Federico Abrazaldo attempted to hack his uncle, prompting barangay tanods, including Delfin Guban, to respond. At the scene, Abrazaldo emerged from a house with a bleeding forehead. Guban approached to assist him, but a sudden argument ensued. The prosecution’s eyewitness, Rosendo Fajardo, testified that Abrazaldo and Guban grappled face-to-face before Abrazaldo pulled a knife and stabbed Guban in the abdomen. The victim was rushed to the hospital but died. Before his death, Guban identified Abrazaldo as his assailant. The defense presented a version of self-defense, claiming Guban, also drunk, initially attacked Abrazaldo with an iron pipe and later a knife, and was accidentally stabbed during a struggle for possession of the weapon. The trial court convicted Abrazaldo of murder qualified by treachery and sentenced him to death, also appreciating the aggravating circumstances of nighttime and that the offense was committed against a person in authority.

ISSUE

Whether the trial court correctly convicted accused-appellant of the crime of murder.

RULING

The Supreme Court modified the conviction to homicide, not murder, and reduced the penalty. The Court found that treachery was not established beyond reasonable doubt. The prosecution evidence showed the killing occurred during a sudden, face-to-face grapple between the accused and the victim. This spontaneous confrontation, which began when the victim tried to assist the accused, negated the deliberate and sudden attack from behind or without warning required for treachery. The mode of attack did not ensure the assailant’s safety from any defense the victim might make. Furthermore, the aggravating circumstances of nighttime and contempt of public authority were incorrectly appreciated. Nighttime was not specially sought to facilitate the crime, and the victim, a barangay tanod responding to a disturbance, was not engaged in the actual discharge of his duties at the precise moment of the attack, as he was acting in a preliminary capacity. With no qualifying or aggravating circumstances, the crime is homicide. Applying the Indeterminate Sentence Law, the Court sentenced Abrazaldo to an indeterminate penalty of eight years and one day of prision mayor as minimum to fourteen years, eight months, and one day of reclusion temporal as maximum. The award of actual damages was reduced to temperate damages.