G.R. No. L-2835; May 19, 1950
EL PUEBLO DE FILIPINAS, plaintiff-appellee, vs. GRACIANO TENORIO y BRUNO TENORIO, accused-appellants.

FACTS

Accused-appellants Graciano Tenorio and Bruno Tenorio were convicted of murder and sentenced to life imprisonment by the Court of First Instance of Capiz. The victim, Braulio Tayco, was eating while resting on the road when he was suddenly attacked. Graciano first stabbed him with a spear on the right side, and then Bruno stabbed him with a fishing spear (isi) in the epigastric region. Braulio died shortly thereafter. The motive for the crime was Graciano’s resentment after Braulio demanded early repayment of a loan of ten bundles of abaca. At trial, Graciano claimed self-defense, alleging Braulio had first struck him with a bolo, and that Bruno had no participation. This claim was contradicted by the medical findings that the fatal wounds were caused by sharp, pointed weapons (spears), not a bolo.

ISSUE

Whether the trial court correctly convicted the accused of murder.

RULING

Yes, the Supreme Court affirmed the conviction. The defense of self-defense is an affirmative allegation that must be proven by clear and convincing evidence. The appellants failed to do so, as their claim was inconsistent with the physical evidence (the nature of the wounds). The killing was attended by treachery (alevosia), as the attack was sudden and employed means that ensured the victim’s defenselessness—he was attacked without warning while eating. The appealed judgment was in accordance with the facts and the law.

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