GR 175315; (August, 2010) (Digest)
G.R. No. 175315; August 9, 2010
THE PEOPLE OF THE PHILIPPINES, Appellee, vs. ELIZER BEDUYA and RIC BEDUYA, Appellants.
FACTS
The appellants, brothers Elizer and Ric Beduya, were charged with Murder for the killing of Dominador Acope, Sr. The prosecution evidence established that on May 6, 2002, the appellants first assaulted Roy Bughao with a knife. Bughao fled and hid in the victim’s yard. The victim, awakened, went outside and advised the appellants to go home. Instead, Ric slapped the victim, and Elizer stabbed him. The victim managed to strike back with a piece of wood before the appellants fled. The victim’s dying declaration to the Barangay Captain identified the appellants as his assailants. He later died from the stab wound. The defense presented a different version, claiming Elizer acted in self-defense after being attacked by the victim and Bughao, while Ric alleged he was asleep at home.
ISSUE
Whether the appellants are guilty of Murder, qualified by abuse of superior strength.
RULING
Yes, the Supreme Court affirmed the conviction for Murder. The Court found the prosecution’s evidence, including the credible testimonies of eyewitness Bughao and the victim’s son, and the victim’s dying declaration, sufficient to establish the appellants’ guilt beyond reasonable doubt. The defense of self-defense was rejected as the nature of Elizer’s injuries was more consistent with defensive wounds from the victim’s retaliation, and the testimony of the defense witness was deemed unreliable. The qualifying circumstance of abuse of superior strength was correctly appreciated. The Court explained that this circumstance is present when the aggressors jointly use their combined strength to overpower a clearly outnumbered victim, thereby ensuring the commission of the crime with minimal risk to themselves. Here, the appellants, acting in concert, employed their numerical and physical advantage—with one slapping and the other stabbing—against the lone and unarmed victim. This concerted action afforded them superiority, which they deliberately used to facilitate the killing. The crime is therefore Murder, qualified by abuse of superior strength, not merely Homicide. The penalty of reclusion perpetua and the awarded damages were affirmed.