G.R. No. 171284 June 29, 2015
People of the Philippines, Plaintiff-Appellee, vs. Alfredo Dulin y Narag, Accused-Appellant.

FACTS

Accused-appellant Alfredo Dulin y Narag was charged with Murder for stabbing Francisco Batulan on August 22, 1990. The prosecution presented witnesses Alexander Tamayao and Romulo Cabalza, who testified that they saw Dulin stabbing Batulan, who was already prostrate. Tamayao mentioned a prior grudge and Dulin’s previous threats to kill Batulan. Estelita Batulan, the victim’s wife, testified about Dulin’s prior attempt to stab her husband and his threat, “You will soon have your day, I will kill you.” Dr. Nelson Macaraniag attested that Batulan died from hypovolemic shock due to 12 stab wounds. In his defense, Dulin claimed he was first attacked and stabbed by Batulan, and he only wrested the knife and stabbed Batulan in self-defense during a struggle. The Regional Trial Court (RTC) convicted Dulin of Murder but appreciated the privileged mitigating circumstance of incomplete self-defense, sentencing him to reclusion temporal in its maximum period. The Court of Appeals (CA) affirmed the conviction but modified the penalty to reclusion perpetua, deleting the award of actual damages and awarding temperate and moral damages instead.

ISSUE

Whether the CA correctly affirmed Dulin’s conviction for Murder, and if not, what is the proper crime and penalty.

RULING

The Supreme Court modified the CA decision. It found that the prosecution failed to prove the qualifying circumstance of treachery. The evidence did not establish that the attack was sudden and unexpected, giving the victim no opportunity to defend himself, as the incident arose from a sudden altercation. Thus, Dulin is guilty only of Homicide, not Murder. The Court also ruled that Dulin cannot benefit from the privileged mitigating circumstance of incomplete self-defense because his claim of unlawful aggression by the victim was not credible and was not corroborated by the physical evidence and witness testimonies. Applying the Indeterminate Sentence Law, and considering no aggravating or mitigating circumstances, Dulin is sentenced to an indeterminate penalty of eight years and one day of prision mayor, as minimum, to 14 years, eight months and one day of reclusion temporal. He is ordered to pay the heirs of Francisco Batulan P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as temperate damages, plus interest at 6% per annum from finality until full payment.