GR L 17771; (November, 1962) (Digest)
G.R. No. L-17771; November 29, 1962
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SERGIO OÑAS, defendant-appellant.
FACTS
Sergio Oñas was convicted of murder for the stabbing death of Simeon Gallego. The prosecution’s version, based on the testimony of the victim’s son, Isabelo Gallego, was that on the evening of September 4, 1958, Oñas suddenly attacked Simeon, who was watching a billiard game near Oñas’s store. This was allegedly preceded by Oñas refusing partial payment of Simeon’s debt and uttering threats earlier that afternoon. The defense presented a different account. Oñas testified that Simeon, accompanied by relatives, appeared at his store that evening armed with a cane. Simeon allegedly struck Oñas on the head without provocation. In defense, Oñas retrieved a bayonet and, in the ensuing struggle, stabbed Simeon. Medical certificates corroborated injuries sustained by Oñas and his wife.
ISSUE
The central issue is whether the killing was attended by treachery (alevosia) constituting murder, or if the circumstances justify a finding of homicide, possibly mitigated by self-defense.
RULING
The Supreme Court reversed the murder conviction. The Court found the defense version more credible, supported by the physical injuries on Oñas and his wife and corroborating witness testimonies. This established that unlawful aggression indeed originated from the deceased, who initiated the attack with a cane. Consequently, the element of treachery necessary for murder was absent, as the assault was not sudden and from behind without risk to the assailant, but a face-to-face confrontation commenced by the victim.
However, the Court ruled that Oñas was not entitled to complete exoneration under the justifying circumstance of self-defense. While unlawful aggression was present, the means employed to repel it were not reasonably necessary. The Court held that merely drawing the bayonet would have been sufficient to ward off the attack from a cane-wielding assailant. The act of actually stabbing the deceased, resulting in fatal wounds, constituted an excessive and unreasonable response. Thus, only incomplete self-defense, a mitigating circumstance under Article 13 of the Revised Penal Code, was appreciated. The crime was properly homicide, not murder. The penalty was reduced to an indeterminate sentence of 4 months of arresto mayor to 2 years, 4 months, and 1 day of prision correccional, while the civil indemnity was affirmed.