G.R. No. 97141 -42 May 24, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LUCILO BERNARDO y MENDOZA AND ANTONIO FABOR y BUCOY, accused-appellants.

FACTS

Accused-appellants Lucilo Bernardo and Antonio Fabor were convicted by the Regional Trial Court of Zamboanga City of Murder for the killing of Armando Marcos and Frustrated Murder for the stabbing of Artemio Fernando. The incidents occurred on February 18, 1990, after a barrio dance. As Fernando and Marcos were walking home, they were waylaid by Bernardo and Fabor, who hurled stones at them. Fernando was hit and, seeing Fabor armed with a bladed weapon, ran. Fabor chased and stabbed Fernando in the nape. Fernando turned and saw his cousin Armando Marcos being held by Bernardo, who was pleading for his life. Fernando ran to a billiard hall for help and then sought medical treatment. Marcos was found dead with twelve stab wounds. Barangay Captain Hipolito Solis testified that Bernardo admitted to stabbing Marcos and surrendered the knife, and that Fabor also admitted his participation when confronted by Bernardo. The appellants denied the charges in court.

ISSUE

The main issues raised by the appellants were: (1) whether treachery (alevosia) was present to qualify the killing to murder; (2) whether Antonio Fabor should be convicted for frustrated murder; (3) whether the testimony of Artemio Fernando was credible despite alleged inconsistencies with his earlier statements; (4) whether the prosecution evidence was sufficient to establish guilt beyond reasonable doubt; and (5) whether conspiracy existed between the accused.

RULING

The Supreme Court modified the trial court’s decision. It ruled that treachery was not present because the initial attack by stoning forewarned the victims of the impending danger, giving them a chance to defend themselves or flee. The frontal nature of Marcos’s wounds indicated he had turned to face his assailant. Consequently, the crime committed against Marcos was homicide, not murder. Regarding Fernando, the Court found that his wound was not serious, as he was able to run and report the incident shortly after treatment, and Fabor did not pursue him vigorously. Thus, the crime against Fernando was slight physical injuries, not frustrated murder. The Court affirmed the existence of conspiracy, as the appellants acted in concert by waiting for and simultaneously attacking the victims. The testimony of Fernando was deemed credible, with alleged inconsistencies being minor and reconcilable. Appellants were found guilty of homicide and slight physical injuries. The penalty for homicide was set at an indeterminate sentence of 8 years and 1 day of prision mayor as minimum to 14 years, 8 months, and 1 day of reclusion temporal as maximum, with indemnity to the heirs of Marcos increased to P50,000. For slight physical injuries, the penalty was arresto menor.