GR 75894; (April, 1991) (Digest)
G.R. No. 75894; April 22, 1991
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SANTIAGO TUGBO, JR., accused-appellant.
FACTS
Accused-appellant Santiago Tugbo, Jr. was convicted of murder for the stabbing death of Dante Bauso during a dance in Barangay del Rosario, San Fernando, Masbate. The prosecution’s case, primarily through eyewitness Jerry Bauso (the victim’s nephew), established that after Rolando Broñola punched Jerry, Tugbo suddenly stabbed Dante Bauso with a Batangas knife. Barangay Captain Maximo Canale and tanod Narciso Espares testified that upon rushing to the scene, they found Tugbo standing over the victim’s body holding a bloodied knife, with Tugbo stating, “Naparahan ko lang ini, kapitan.”
The defense presented an alternate version, with witness Remy Verano testifying that she saw Broñola stab the victim, and barangay tanod Miguel Altarejos claiming he met Broñola fleeing the scene with a knife. Tugbo denied involvement, alleging he was ten meters away and was framed, noting his blood relation to the victim.
ISSUE
Whether the trial court erred in convicting Tugbo of murder based on the evidence presented.
RULING
The Supreme Court affirmed the conviction but modified the crime from murder to homicide. The Court upheld the trial court’s factual findings and credibility assessment, giving highest respect to its opportunity to observe witness demeanor. The prosecution evidence, particularly the positive identification by Jerry Bauso who was familiar with Tugbo and only 1.5 meters away, sufficiently established Tugbo’s guilt beyond reasonable doubt over the defense’s contradictory evidence.
However, the Court found the qualifying circumstance of treachery not present. The attack was frontal, indicating the victim was not totally defenseless, and the stabbing appeared more a rash, impetuous act arising from a misinterpretation of the victim’s movement rather than a deliberate method to ensure execution without risk. Absent treachery, the crime is homicide under Article 249 of the Revised Penal Code.
Tugbo was sentenced to an indeterminate penalty of eight years and one day of prision mayor as minimum, to seventeen years and four months of reclusion temporal as maximum. Civil indemnity was increased to P50,000.00.