GR 130415; (October, 2001) (Digest)
G.R. No. 130415 ; October 11, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALVIN YRAT y BUGAHOD and RAUL JIMENA y POLLESCAS Alias “Bobong”, accused-appellant.
FACTS
On December 27, 1995, in Lopez Jaena, Misamis Occidental, an altercation occurred between the victim, Benjamin Aca-ac, and accused Raul Jimena at a house regarding the local game masiao. Appellant Alvin Yrat was present and threatened Aca-ac, stating he would not reach the New Year. Later, at a videoke bar, Yrat repeated this threat to Aca-ac’s wife. That evening, Aca-ac arrived at the bar on his motorcycle. Jimena stopped and talked to him. Yrat then approached from behind, struck Aca-ac with a gun, and, after a misfire, shot him twice at close range, causing his death. Jimena had earlier hit Aca-ac on the cheek during the assault.
Yrat admitted the shooting but claimed self-defense, alleging Aca-ac had slapped him earlier and drew a gun at the bar. Jimena denied participation, claiming he was merely parking his motorcycle when he heard the shots. The trial court convicted Yrat as principal and Jimena as an accomplice to murder, qualified by treachery. Jimena later withdrew his appeal.
ISSUE
Whether the trial court correctly convicted Alvin Yrat of the crime of Murder, qualified by treachery.
RULING
Yes, the Supreme Court affirmed Yrat’s conviction for Murder. The Court found the claim of self-defense untenable. For self-defense to prosper, the accused must prove unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation. Yrat’s narrative failed to establish unlawful aggression from the victim. The prosecution evidence, from credible eyewitnesses, showed Yrat initiated the attack by striking the unsuspecting victim from behind. This manner of attack ensured the victim had no opportunity to defend himself, constituting treachery (alevosia), which qualified the killing to Murder. The positive identification by witnesses prevailed over Yrat’s bare denial and uncorroborated testimony. The Court modified the civil indemnity, awarding P50,000.00 as civil indemnity for death and P60,000.00 as moral damages, but deleted other awarded damages for lack of sufficient proof.