G.R. No. 139970 ; June 6, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JIMMY DELA CRUZ Y QUIMPO, accused-appellant.

FACTS

On the evening of September 1, 1998, during a birthday celebration in Kalibo, Aklan, accused-appellant Jimmy Dela Cruz, the victim Arnulfo Inocencio, and others were engaged in a drinking session, singing and playing the guitar. According to prosecution eyewitnesses Jovelyn Felizario and Glen Cipriano, the victim stood up to hand a guitar to another person. Upon returning to his seat, and without any prior altercation, appellant suddenly drew a knife from his waist and stabbed Inocencio in the chest. Appellant then declared, “There, he is already dead.” The victim died from a single fatal stab wound that perforated his right ventricle.
The defense presented a different version. Appellant admitted the stabbing but claimed self-defense. He testified that when he tried to leave the party, the victim prevented him and later attacked him with a knife. Appellant alleged he was able to wrestle the weapon away and stabbed the victim in the ensuing struggle. After the incident, appellant voluntarily surrendered to the barangay captain.

ISSUE

Whether the trial court correctly convicted appellant of Murder, qualified by treachery, instead of Homicide.

RULING

Yes, the Supreme Court affirmed the conviction for Murder. The Court found the prosecution’s version credible and rejected the claim of self-defense. For self-defense to prosper, the accused must prove unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation. Appellant failed to discharge this burden. The testimonies of two credible eyewitnesses, who were merely two meters away, established that the attack was sudden and unprovoked. The victim was unarmed and given no opportunity to defend himself, as he had just returned to his seat after complying with a request.
The manner of the attack constituted treachery (alevosia), which qualified the killing to Murder. Treachery exists when the offender employs means, methods, or forms in the execution of the crime that ensure its commission without risk to himself arising from the defense the victim might make. Here, the swift and unexpected stabbing, without any preceding quarrel or warning, insured the execution without risk to appellant. The fact that the victim was face-to-face with appellant at the time does not negate treachery, as the attack was so sudden that the victim was utterly unable to prepare any defense. The Court also affirmed the appreciation of the mitigating circumstance of voluntary surrender. Thus, the penalty of reclusion perpetua was correctly imposed. The Court modified the damages, awarding P50,000 as civil indemnity and an additional P50,000 as moral damages.