GR 87018; (May, 1990) (Digest)
G.R. No. 87018 , May 24, 1990
People of the Philippines vs. Edwin Mabubay
FACTS
The prosecution established that on May 9, 1988, in Barangay Bubog, Numancia, Aklan, the victim Dioleto Raz was seated on a stool with his back to the road, drinking and conversing with friends. The accused-appellant, Edwin Mabubay, approached Raz from behind, placed his right arm around Raz’s neck, and with his left hand, stabbed Raz once in the left chest with a knife. Eyewitnesses Romeo Leyson and Telly Tagala testified that the attack was sudden and that there was no prior altercation. Raz died from the wound before reaching the hospital. The defense presented a different version, claiming Raz had offered him a drink, became angry when Mabubay poured half of it out, and uttered “Gago, anong gusto mo?” while appearing to stand up, prompting Mabubay to stab him.
ISSUE
Whether the killing was attended by the qualifying circumstance of treachery to constitute murder.
RULING
Yes, the Supreme Court affirmed the conviction for murder, finding treachery present. The legal logic hinges on the concurrence of two conditions for treachery: (1) the employment of means of execution that deprived the victim of any opportunity to defend himself or retaliate, and (2) the deliberate and conscious adoption of such means. The Court found these conditions satisfied. The attack was surreptitious, executed from behind while the victim was seated and unaware. The manner—grabbing the victim’s neck from the rear and simultaneously stabbing him—was a method that directly and specially ensured the execution of the killing without any risk to the assailant from a defensive response. The defense’s claim of a prior heated exchange was rejected, as the credible and consistent eyewitness accounts showed a sudden, unprovoked assault. The Court modified the penalty, however, correcting the trial court’s erroneous imposition of “Thirty (30) Years of reclusion perpetua.” Applying the Indeterminate Sentence Law, the Supreme Court sentenced Mabubay to an indeterminate penalty of twelve (12) years of prision mayor as minimum, to twenty (20) years of reclusion temporal as maximum, while affirming the award of indemnity and damages.