GR 96092; (August, 1999) (Digest)
G.R. No. 96092 , August 17, 1999
People of the Philippines, plaintiff-appellee, vs. Alexander Bautista, accused-appellant.
FACTS
On January 12, 1987, in Manila, accused-appellant Alexander Bautista was charged with murder for the killing of Allan Jone Clemente. The prosecution evidence showed that around 5:30 PM, while the victim was having drinks, accused-appellant arrived and asked the victim to accompany him home. As they walked with accused-appellant’s arm around the victim’s shoulder, accused-appellant suddenly pulled out a balisong and stabbed the victim in the lower right abdomen. The victim later died at the hospital. Prosecution eyewitnesses Danilo Enrique Cancio and Henry Narciso, both residents of the area, testified to the unprovoked attack. The medico-legal report indicated the cause of death was a penetrating stab wound. Accused-appellant claimed self-defense, testifying that it was the victim who pulled the knife and that he was grappled for it, resulting in the victim’s accidental stabbing. He was corroborated by Ricardo Espinosa, a resident of Caloocan. The trial court found accused-appellant guilty of murder, sentenced him to life imprisonment, and ordered him to indemnify the victim’s heirs. Accused-appellant appealed, and later sought to withdraw his appeal, which was denied.
ISSUE
Whether the killing was attended by treachery to qualify it as murder.
RULING
Yes. The Supreme Court affirmed the conviction but modified the penalty and damages. The trial court’s findings on witness credibility were upheld. The Court found that treachery attended the killing because the attack was sudden and unexpected, with the victim being embraced by the accused, depriving him of any chance to defend himself. Evident premeditation was not proven. The imposable penalty for murder is reclusion perpetua, not life imprisonment. The Court increased the civil indemnity to P50,000.00, awarded moral damages of P50,000.00, and actual damages of P14,000.00 (for funeral expenses, as other hospital bills were not properly identified). The decision was AFFIRMED with MODIFICATION.