G.R. No. 177162 March 31, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. ROBERTO PAJABERA y DOE, Appellant.

FACTS

The appellant, Roberto Pajabera, was charged with Murder for the killing of Majen B. Bolanos on May 29, 2003, in Barangay Pag-asa, Tinambac, Camarines Sur. The prosecution’s version, based on witnesses Efren Basi and Ceferino Barcillano, stated that at around 2:30 PM at a cockpit arena, the appellant called the victim from behind, and when the victim turned, the appellant placed a hand on his shoulder. The victim then fell, bleeding from a stab wound. The witnesses saw the appellant pull out a knife and leave. The medico-legal report confirmed the cause of death as hemorrhage from a deep penetrating stab wound on the right shoulder. The appellant admitted the stabbing but claimed self-defense. He testified that he and the victim had a bet on a cockfight, which he won, but the victim refused to pay and instead attacked him with a bladed instrument. During a scuffle, while the appellant was lying on his back and the victim was kneeling over him, the appellant claimed he accidentally pushed the victim’s own weapon towards him, causing the fatal wound. The defense presented one eyewitness, Salvador Habulin, to corroborate this account. The Regional Trial Court convicted the appellant of Murder, qualified by treachery, and sentenced him to reclusion perpetua, along with damages. The Court of Appeals affirmed the decision.

ISSUE

Whether the Court of Appeals erred in affirming the trial court’s decision finding the appellant guilty of Murder beyond reasonable doubt, rejecting his claim of self-defense.

RULING

The Supreme Court denied the appeal and affirmed the appellant’s conviction for Murder. The Court held that the appellant failed to prove self-defense by clear and convincing evidence. The issue of credibility of witnesses is best addressed by the trial court, and its findings, affirmed by the appellate court, are accorded great respect. An independent review of the records supported these findings. The Court found the appellant’s version of events improbable, as it was unlikely that the victim could be accidentally stabbed on the right shoulder given their described positions during the scuffle. The testimony of the defense eyewitness, Salvador Habulin, was inconsistent and cast doubt on his claim of having witnessed the incident. In contrast, the prosecution witnesses had no dubious motive to testify falsely. The killing was attended by treachery, as the attack was swift and unexpected on an unarmed and unsuspecting victim. The penalty of reclusion perpetua and the awards of civil indemnity and moral damages were affirmed. The award for actual damages was modified to temperate damages.