G.R. No. 73486 -87. April 18, 1989.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SIMPLICIO SABANAL, et al., accused, BIENVENIDO SABANAL, accused-appellant.

FACTS

The accused-appellant, Bienvenido Sabanal, was convicted of murder for the killing of Benito Salas and sentenced to reclusion perpetua. The incident occurred on the evening of January 5, 1977, in Pamplona, Negros Oriental. Bienvenido, accompanied by six others, went to the victim’s house looking for the victim’s son, Macario Salas. Upon encountering the 70-year-old Benito in his yard, Bienvenido inquired about Macario’s whereabouts. Benito gave a curt reply, stating his son was not there, and then turned his back to enter his house. At that moment, Bienvenido suddenly drew a bolo and hacked Benito from behind, hitting the back of his neck and causing instant death.
The defense interposed alibi, claiming Bienvenido was praying some 700 meters away at the time of the killing. The trial court rejected this defense, relying on the positive identification of Bienvenido as the perpetrator by three eyewitnesses, including the victim’s daughter, and crucially, by two of his own co-accused. The court found the killing was attended by treachery, as the sudden attack from behind was made on a defenseless old man, ensuring the execution without risk to the assailant.

ISSUE

Whether the killing of Benito Salas constituted murder qualified by treachery or the lesser crime of homicide.

RULING

The Supreme Court modified the conviction from murder to homicide. The Court agreed with the trial court’s factual findings, affirming that the accused-appellant was positively identified as the killer and that his alibi was correctly rejected. However, the Court disagreed with the legal conclusion that treachery was present. The Court emphasized that the attack, while sudden and unexpected, was not necessarily treacherous. The group’s original purpose was to confront Macario Salas, with whom Bienvenido had a recent violent altercation. The encounter with Benito was incidental. Benito’s cold reply and act of turning his back, interpreted as a dismissal, constituted a provocation that incited Bienvenido’s impulsive attack. Following precedent, notably People v. Manlapaz, provocation by the victim negates treachery even if the attack is sudden. The Court found this provocation present but not grave enough to be a mitigating circumstance. Consequently, without any qualifying circumstance, the crime is homicide. Applying the Indeterminate Sentence Law to the penalty for homicide, the Court sentenced Bienvenido Sabanal to an indeterminate penalty of 12 years of prision mayor, as minimum, to 17 years and 4 months of reclusion temporal, as maximum, and increased the civil indemnity to P30,000.