G.R. No. 130608. August 26, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARTHUR DELA CRUZ, accused-appellant.
FACTS
Accused-appellant Arthur dela Cruz was charged with murder for the death of Marbel Baptista on October 24, 1994. The prosecution’s version, as established during trial, was that on the evening of October 24, 1994, a party was held at the house of Diego Pelonio in Brgy. Bay-ang, Batan, Aklan. Among the guests were the victim, Marbel Baptista, and the accused. During the party, screams were heard from the national road. Diego Pelonio and Jerry Paclibare went to investigate and returned to report that Felix dela Cruz (accused’s father) had been boxed. Shortly after, Arthur dela Cruz reappeared, approached Marbel Baptista who was sitting on a bamboo bench about to light a cigarette, and without any word, stabbed him several times with a knife. The attack was witnessed by Diego Pelonio, Romeo Bitamor, Jerry Paclibare, and others. The victim sustained eleven wounds, five of which were mortal. Arthur dela Cruz ran away after the incident. The autopsy confirmed the wounds were caused by a sharp, bladed instrument. The accused claimed self-defense and defense of a relative, alleging that he found his father being kicked by Marbel on the road, that Marbel drew a knife and pursued him, and that he only stabbed Marbel after wrestling the knife away during a struggle. The trial court found the accused guilty of murder qualified by treachery, appreciating the mitigating circumstance of voluntary surrender, and sentenced him to reclusion perpetua, ordering him to pay indemnity and expenses.
ISSUE
Whether the trial court erred in convicting accused-appellant Arthur dela Cruz of murder, specifically in giving credence to the prosecution’s version that the killing was attended by treachery, and in rejecting the defense’s claim of self-defense and defense of a relative.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s findings, giving full credence to the consistent and categorical testimonies of prosecution witnesses Romeo Bitamor, Jerry Paclibare, and Diego Pelonio, who clearly established that the accused suddenly and without warning attacked the victim who was seated and in a defenseless position, ensuring the execution of the attack without risk to the accused. This manner of attack constituted treachery, qualifying the killing to murder. The Court rejected the defense of self-defense and defense of a relative for failure to prove the essential element of unlawful aggression on the part of the victim. The claim that the accused acted in vindication of a grave offense against his father was also not appreciated as a mitigating circumstance because the killing did not immediately follow the alleged offense; there was an interval allowing for reflection. The mitigating circumstance of voluntary surrender was properly appreciated. Applying the Indeterminate Sentence Law, and there being one mitigating circumstance (voluntary surrender) with no aggravating circumstances, the penalty for murder (reclusion perpetua to death) was imposed in its minimum period. The Court modified the penalty to an indeterminate sentence of ten (10) years and one (1) day of prision mayor, as minimum, to eighteen (18) years, eight (8) months and one (1) day of reclusion temporal, as maximum. The award of civil indemnity was increased to P50,000.00, and moral damages of P50,000.00 were additionally awarded. The award for funeral expenses was reduced to P25,000.00 due to insufficient receipted evidence.
