G.R. No. L-36099. March 29, 1982.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BENITO S. TABIJE alias “BENNY,” defendant-appellant.

FACTS

The appellant, Benito S. Tabije, was convicted of Murder for the killing of Crispin Ching. The victim had been romantically involved with the appellant’s two cousins, Anita and Lydia Bugarin. On the evening of November 19, 1971, in Paoay, Ilocos Norte, the appellant and his companions met Ching, who was waiting for Lydia. The appellant, having earlier procured a bolo, suggested they escort Ching to the Bugarin house to clarify his intentions with the sisters. Ching agreed to the escort.
Upon nearing the house, Ching hesitated, expressing shame. The prosecution’s evidence, primarily from witness Eleodoro Oaman, established that without any warning or immediate provocation, the appellant then boxed Ching in the abdomen and, as Ching pleaded for mercy, stabbed him twice. The appellant subsequently dumped the victim into a canal. The defense presented a contrary version, claiming Ching boxed the appellant first after a heated exchange, prompting the appellant to retaliate with the stabbing.

ISSUE

The sole issue on appeal is whether the killing was attended by treachery (alevosia) to qualify it as Murder, or whether it constitutes Homicide only.

RULING

The Supreme Court affirmed the conviction for Murder, finding the qualifying circumstance of treachery to be present. The legal logic hinges on the sudden and unexpected nature of the attack, which ensured the victim’s defenselessness. The Court found the prosecution’s narrative credible: the appellant, by offering friendly escort, lulled Ching into a false sense of security. The attack commenced without warning when Ching was unarmed and unsuspecting, giving him no opportunity to flee or defend himself. This manner of execution directly and specifically insured the accomplishment of the crime without risk to the appellant.
The Court rejected the defense theory of prior provocation. It noted the appellant’s strong motive—resentment over Ching’s simultaneous courtship of his two cousins—but more critically, it highlighted the appellant’s own sworn statements, where he admitted to stabbing Ching after an argument but made no mention of being struck first. This omission undermined the claim of sudden impulse in self-defense. The sudden assault with a deadly weapon upon an unprepared and unarmed victim, under conditions rendering defense impossible, constitutes treachery, thereby qualifying the homicide as Murder. The decision of the trial court was affirmed in toto.