G.R. No. L-2137; June 24, 1949
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAMILLANO GRIAR, defendant-appellant.

FACTS

On the evening of June 28, 1947, appellant Mamillano Griar and the victim, Cantidiano Soliano, were among those attending a novena at a house in Surigao. Appellant left the house first, followed by the victim about half an hour later. Shortly after, the victim’s wife heard her husband shout that he had been ambushed and stabbed by appellant. The victim was found wounded and, before dying, repeated that appellant had attacked him. The investigation revealed the victim suffered fatal bolo wounds, was unarmed, and had fled from the scene of the attack near a creek to a neighbor’s yard. The Chief of Police testified that appellant orally admitted to the stabbing due to a prior grudge and later surrendered the bolo used. Appellant claimed self-defense, alleging the victim attacked him first.

ISSUE

Whether the appellant is guilty of murder qualified by treachery (alevosia).

RULING

Yes, the appellant is guilty of murder. The Court found the prosecution’s evidence, including the victim’s dying declaration and appellant’s oral confession, clear and credible. The location of the wounds, the fact the victim was unarmed, and the evidence of an ambush (the attack occurred in a place between the novena house and the victim’s home, while appellant’s house was in the opposite direction) established treachery. Appellant’s claim of self-defense was unsubstantiated. The mitigating circumstance of voluntary surrender was appreciated. The penalty was modified to an indeterminate sentence of 12 years of prision mayor to 18 years of reclusion temporal, with an increased indemnity to the heirs.

AI Generated by Armztrong.