G.R. No. 209346 , January 12, 2015
People of the Philippines, Appellee, vs. Arnaldo Bosito y Chavenia, Appellant.

FACTS

Appellant Arnaldo Bosito was charged with Murder for hacking Willy Berba Bonaobra with a bolo on June 11, 2007, in Tabaco City. During pre-trial, the defense admitted several facts, including that Bosito hacked Bonaobra several times at a house in Hacienda, San Miguel, and that Bonaobra later died in the hospital. The prosecution’s eyewitness, Adonis Bosito (appellant’s nephew), testified that the attack was sudden and unprovoked: Bosito hacked Bonaobra multiple times as the victim tried to sit and later crawl away. The medical evidence showed hack wounds to the back of the head and torso. The defense claimed self-defense, alleging that Bonaobra, along with others who were drunk and armed, attacked Bosito first, forcing him to hack Bonaobra in response. The Regional Trial Court convicted Bosito of Murder, qualified by treachery and abuse of superior strength, and sentenced him to reclusion perpetua. The Court of Appeals affirmed the conviction but modified the damages awarded.

ISSUE

Whether the trial court gravely erred in not giving credence to the appellant’s claim of self-defense.

RULING

The Supreme Court denied the appeal and affirmed the conviction. The Court held that the plea of self-defense was untenable. When self-defense is invoked, the burden of proof shifts to the accused to establish its elements by clear and convincing evidence. The appellant failed to prove unlawful aggression on the part of the victim. The positive and categorical testimony of the prosecution eyewitness, Adonis Bosito, established that the unlawful aggression originated from the appellant, who launched a sudden and unexpected attack. The number and location of the victim’s wounds (all at the back) contradicted the claim of a mutual confrontation and were consistent with a treacherous assault. The trial court’s assessment of the eyewitness’s credibility, found to be spontaneous and straightforward, was accorded great respect. The Court modified the damages: civil indemnity was increased to ₱75,000; moral damages of ₱50,000 were affirmed; temperate damages of ₱25,000 were awarded in lieu of actual damages; exemplary damages of ₱30,000 were granted due to the presence of treachery; and interest at 6% per annum on all damages from finality until full payment was imposed. The award for loss of earning capacity was deleted for lack of sufficient proof.