G.R. No. 80658 -60 March 23, 1992
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VENERANDO, JUANITO, MAXIMINO, DESIDERIO, all surnamed TINAMPAY, accused, MAXIMINO TINAMPAY and DESIDERIO TINAMPAY, accused-appellants.

FACTS

On December 18, 1983, in Guindulman, Bohol, Maximo Hinacay, his brother Segundo, and his son Florencio were walking home after a cockfight. As they turned onto a footpath, accused Maximino Tinampay and his sons Venerando, Desiderio, and Juanito Tinampay suddenly appeared from behind a tree, armed with a bolo and pieces of wood. They attacked the victims. Maximino struck Maximo on the forehead. Venerando hit Maximo on the right side. Maximo fell. The two also struck Segundo, who fell. Desiderio then mounted Maximo and stabbed him in the back and on his nipple. Desiderio next mounted Segundo and stabbed him in the back. The pieces of wood broke. Florencio, who had hid, saw his father and uncle dragged away. When Florencio later approached, he was struck on the back and left forearm by the accused but managed to escape. Maximo died from his injuries. Segundo sustained serious injuries. Constancia Hinacay, Maximo’s wife, witnessed the initial assault and summoned the police. The post-mortem examination of Maximo revealed a stab wound penetrating the lung, a lacerated wound on the forehead with fracture, a stab wound on the sacral area with externalized intestines, and superficial lacerated wounds on the back. Segundo sustained a lacerated wound near the eye, a comminuted fracture of the orbit and nose bridge, multiple contusions, and a stab wound below the scapula. Florencio sustained abrasions and contusions. The defense claimed self-defense, alleging that the Hinacays, who were drunk, waylaid and attacked Maximino and his wife. Maximino claimed he was chased by Florencio wielding a pestle, which broke, and that he struck Florencio in retaliation. He further claimed he was confronted and hacked by Maximo and Segundo with bolos, and that he disarmed Segundo and used the bolo against them. The trial court convicted Maximino and Desiderio Tinampay (Venerando and Juanito having died during the pendency of the case) for Murder, Frustrated Murder, and Attempted Murder.

ISSUE

The main issues involve the credibility of the prosecution’s version of events over the defense’s claims of self-defense and alibi, the presence of treachery and conspiracy, and the correct classification and penalties for the crimes committed.

RULING

The Supreme Court affirmed the trial court’s decision with modifications. It held that the prosecution’s positive identification of the appellants prevailed over the defenses of self-defense and alibi. For self-defense to prosper, the accused must prove unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation. The appellants failed to prove unlawful aggression by the victims. The number, nature, and location of the victims’ wounds were inconsistent with a claim of self-defense. The appellants’ own incised wounds could be attributed to the melee. Alibi is an inherently weak defense and cannot prevail over positive identification. Treachery was present as the attack was sudden and unexpected, without risk to the appellants from any defense the victims might make. Conspiracy was evident from the appellants’ concerted actions indicating a common design to commit the crime. The crimes were properly classified: Murder for the killing of Maximo Hinacay, Frustrated Murder for the attack on Segundo Hinacay (as all acts of execution were performed but death was prevented by timely medical attention), and Attempted Murder for the attack on Florencio Hinacay (as acts of execution were commenced but not all performed due to his escape). The penalty for Murder is reclusion perpetua. The indemnity for the heirs of Maximo Hinacay was increased to P50,000.00. The penalty for Frustrated Murder was modified to an indeterminate penalty of 8 years and 1 day of prision mayor to 14 years and 8 months of reclusion temporal. The decision was affirmed in all other respects.