G.R. No. 173793; December 4, 2007
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CONRADO M. GLINO, accused-appellant.

FACTS

On November 15, 1998, spouses Domingo and Virginia Boji boarded a jeepney in Las Piñas City. Accused-appellant Conrado Glino, who reeked of liquor, later sat beside Virginia. He inappropriately leaned on her, prompting Virginia to ask him to sit properly. Glino retorted angrily. When Domingo intervened as Virginia’s husband, a verbal altercation ensued between Domingo and Glino’s companion, Marvin Baloes. The situation momentarily calmed until the jeepney stopped for the assailants to alight. At that moment, Baloes suddenly stabbed Domingo. Glino then produced a balisong and joined the attack, inflicting multiple fatal wounds on Domingo. Virginia, who tried to shield her husband, sustained injuries. The assailants fled but were apprehended shortly after. Domingo was pronounced dead upon arrival at the hospital.
The Regional Trial Court convicted Glino of murder and attempted murder, which the Court of Appeals affirmed. Glino appealed to the Supreme Court, arguing the prosecution failed to prove his guilt beyond reasonable doubt and that the qualifying circumstance of treachery was not established. He claimed he was merely present and did not participate in the stabbing.

ISSUE

The core issue is whether the prosecution proved Glino’s guilt for murder and attempted murder beyond reasonable doubt, particularly the presence of treachery.

RULING

The Supreme Court affirmed the conviction. The Court found the testimonies of eyewitness Virginia Boji and traffic enforcer Alvin Cristobal credible and consistent, establishing that Glino actively participated in the concerted attack by stabbing Domingo with a balisong. The attack was sudden and unexpected, with the victims given no opportunity to defend themselves, satisfying the criterion of treachery. The Court ruled that when an accused invokes self-defense, the burden of proof shifts to him to establish its elements by clear and convincing evidence, which Glino failed to do. His claim of mere presence was belied by the evidence showing his direct participation. The killing was thus qualified to murder. The Court also upheld the conviction for attempted murder for the injuries inflicted upon Virginia, as her wounds were a direct consequence of the same felonious act. The Court took the opportunity to highlight, in an obiter dictum, the dangers posed by intoxicated passengers and suggested the need for legislative action, as current law only penalizes drunk driving, not drunk riding.