G.R. No. L-32574. June 29, 1979.
THE PEOPLE OF THE PHILIPPINES, petitioner, vs. ARMANDO ESTERO Y BASCO, ET AL., defendants, ARMANDO ESTERO Y BASCO, defendant-appellant.

FACTS

On the evening of March 27, 1969, at Dalings Restaurant in Quezon City, Gregorio Dira was stabbed and later died from his wounds. Prosecution eyewitness Antonio Villanueva testified that he saw appellant Armando Estero stab Dira outside the restaurant. Villanueva, who was inside and approximately 15 meters away under good lighting, rushed to intervene but retreated when Estero attempted to stab him as well. The police were informed, and the victim was taken to the hospital. Estero was arrested a month later.
During the investigation, Estero gave an extrajudicial confession (Exhibit “C”) to Patrolman Pastor Sta. Maria. In this statement, Estero admitted to stabbing Dira but claimed it was in self-defense, alleging that Dira had first approached him for money, then followed him outside, boxed him, and drew a weapon, prompting Estero to use his icepick. At trial, Estero repudiated this confession, alleging it was coerced, and presented an alibi. The trial court convicted him of murder, qualified by treachery, and sentenced him to reclusion perpetua.

ISSUE

The primary issue is whether the trial court correctly convicted appellant of murder, qualified by treachery, based on the evidence presented.

RULING

The Supreme Court affirmed appellant’s guilt for homicide but modified the conviction from murder to simple homicide, thereby reducing the penalty. The Court found the testimony of eyewitness Antonio Villanueva credible and consistent on the material point that Estero stabbed the victim. Alleged minor inconsistencies in his statements were deemed inconsequential and did not impair his overall credibility. Furthermore, Estero’s extrajudicial confession (Exhibit “C”) was ruled voluntary and admissible, as its detailed, exculpatory nature indicated it was given without coercion, and it corroborated Villanueva’s account.
Crucially, the Court held that the qualifying circumstance of treachery was not proven. The prosecution’s own evidence, particularly Estero’s confession which it introduced, indicated that the stabbing was preceded by a confrontation where the victim allegedly drew a weapon first. This sequence negated the suddenness and absence of opportunity for defense required for treachery. Since no other qualifying circumstance was established, the killing constituted homicide, not murder. The penalty was thus reduced to 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.