G.R. No. 132351; January 10, 2002
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEXANDER SALVA Y PATEÑA, FERDINAND SALVA Y PATEÑA and ROLITO SALVA Y PATEÑA, accused.

FACTS

On January 10, 1995, a violent altercation occurred in Tanay, Rizal. The incident began when Ferdinand Salva, whose tricycle was allegedly damaged by a jeepney driven by Palmero Milanes, tried to stop the jeepney and uttered invectives. Milanes sought police assistance, and SPO1 Mariano Cura boarded the jeepney. They proceeded to find Ferdinand to settle the matter. Upon encountering Ferdinand in a traffic jam, a fight ensued. The prosecution evidence established that Ferdinand grabbed Milanes from the jeepney and, while holding him, Alexander Salva stabbed Milanes twice in the back. When SPO1 Cura intervened, Alexander also stabbed him. Ferdinand then helped Alexander wrestle Cura’s service firearm from him. During the struggle, the gun fired, hitting Rolito Salva. Ferdinand eventually gained control of the gun and shot Milanes, who died. SPO1 Cura survived his wounds.
The defense presented a different narrative, claiming Milanes was the initial aggressor who boxed Rolito. They asserted that the stabbing and shooting occurred during a chaotic struggle for SPO1 Cura’s gun, which had been pointed at them. The Regional Trial Court convicted Alexander Salva of murder for Milanes’s death and frustrated homicide for the wounding of SPO1 Cura. Ferdinand Salva was convicted of homicide for Milanes’s death. Both appealed.

ISSUE

The core issues were whether the crimes were proven beyond reasonable doubt and whether the qualifying circumstances of treachery and evident premeditation attended the killing of Milanes.

RULING

The Supreme Court affirmed the convictions but modified the offenses and penalties. The Court found the prosecution’s version credible and consistent. For the killing of Milanes, the Court ruled that treachery was not present. The attack was not sudden and from behind without risk to the assailants; it occurred during a tumultuous face-to-face confrontation that Milanes could have reasonably anticipated. Thus, Alexander’s conviction was downgraded from murder to homicide. Ferdinand’s conviction for homicide was affirmed, as his act of shooting Milanes after the stabbing constituted a separate, direct assault contributing to the death.
Regarding the wounding of SPO1 Cura, the Court upheld Alexander’s conviction for frustrated homicide. The intent to kill was evident from the nature of the stab wound inflicted on a vital part of the policeman’s body. The crime was frustrated, not consummated, only because of timely medical intervention. The Court also adjusted the awarded damages, deleting attorney’s fees for lack of justification and reducing moral damages to conform with prevailing jurisprudence. The appealed decision was modified accordingly.