GR 142447; (December, 2001) (Digest)
G.R. No. 142447 ; December 21, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARMELITO VICENTE y FIGO, REY BALLERA y BERSABAL and CARLOS BERSABAL y BINAS, accused-appellants.
FACTS
On September 13, 1998, Melvyn Matibag and Jerry Fajardo were cruising on a tricycle when they were blocked by a group of five men. A verbal altercation ensued, leading to a fistfight. Jerry saw accused-appellant Rey Ballera pull out a balisong. Jerry retreated and saw Rey chasing him, with the wounded Melvyn trailing behind. Melvyn eventually collapsed. Eyewitnesses, including Melvyn’s wife Venus and their eight-year-old son John Lyndon, testified that they saw Rey Ballera stab Melvyn. The victim was pronounced dead on arrival at the hospital. The accused-appellants were subsequently apprehended with the help of barangay tanods.
An Information for Murder qualified by abuse of superior strength was filed against Rey Ballera, Carmelito Vicente, and Carlos Bersabal. The prosecution presented multiple witnesses, including the eyewitness accounts of the victim’s family and the medico-legal findings. The defense claimed self-defense and denial. The Regional Trial Court convicted all three accused of Murder and sentenced them to reclusion perpetua.
ISSUE
Whether the accused-appellants are guilty of Murder, or a lesser offense, based on the evidence presented.
RULING
The Supreme Court modified the conviction. The qualifying circumstance of abuse of superior strength was not sufficiently proven. The prosecution failed to establish how the accused collectively took advantage of their combined strength to facilitate the killing. The aggression began as a sudden quarrel arising from a trivial remark, not a deliberate and concerted attack. Thus, the crime is Homicide, not Murder. For Rey Ballera, who was positively identified as the stabber, the Court found him guilty of Homicide and imposed an indeterminate sentence. For Carmelito Vicente and Carlos Bersabal, their liability was downgraded to Slight Physical Injuries. Their participation was limited to the initial fistfight, and there was no evidence they conspired in the stabbing. Since they had already served more than the penalty for Slight Physical Injuries, their release was ordered final. The awards of civil indemnity and actual damages to the victim’s heirs were affirmed.