G.R. No. 134784 December 9, 2002
Carlos Arcona y Moban, petitioner, vs. The Court of Appeals and People of the Philippines, respondents.

FACTS

Petitioner Carlos Arcona and his brother Benito Arcona were charged with Murder and Frustrated Murder for incidents occurring on June 27, 1986, in Brooke’s Point, Palawan. The prosecution’s evidence established that around 7:30 PM, Napoleon Ong and Edgardo Talanquines were walking home when Napoleon was stabbed, causing his death, and Edgardo was hit with a bamboo pole. Prosecution witness Leo Zaragoza testified he saw petitioner stab Napoleon. Petitioner claimed self-defense, alleging that Napoleon suddenly drew a bolo and shouted, “Caloy, I will kill you!” before swinging it at him, prompting petitioner to stab Napoleon in response, and that he then hit Edgardo with a bamboo stick when Edgardo rushed towards him. After trial, the court convicted petitioner of Homicide (not Murder) in Criminal Case No. 6408, appreciating the mitigating circumstance of voluntary surrender, and acquitted him in the Frustrated Murder case. The Court of Appeals affirmed the conviction but increased the civil indemnity. Petitioner appealed to the Supreme Court, maintaining his claim of self-defense.

ISSUE

Whether the petitioner acted in self-defense when he stabbed Napoleon Ong, thereby justifying the killing and exempting him from criminal liability.

RULING

No. The Supreme Court denied the petition and affirmed the modified decision of the Court of Appeals. The Court held that the petitioner failed to prove the elements of self-defense by clear and convincing evidence. When an accused admits the killing, the burden of proof shifts to him to establish the justifying circumstance. The essential element of unlawful aggression on the part of the victim was not conclusively established. The presence of the victim’s bolo and an alleged shout were circumstantial and insufficient to prove that the victim was the unlawful aggressor. The trial court’s factual findings, affirmed by the Court of Appeals, that the petitioner’s version was improbable, were accorded respect. Thus, the conviction for Homicide, mitigated by voluntary surrender, stands. The penalty imposed was an indeterminate sentence of six (6) years and one (1) day of prision mayor, as minimum, to fourteen (14) years and one (1) day of reclusion temporal, as maximum. The awards were modified: civil indemnity was set at P50,000.00; moral damages were increased to P50,000.00; and the award of actual damages was deleted for lack of substantiation.