G.R. No. L-60764 September 19, 1988
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO BARDON, et al., accused; ROBERTO BARDON, accused-appellant.

FACTS

The prosecution established that in the early hours of August 6, 1980, an intoxicated Francisco Roque caused a disturbance at a store near a Caltex station in Cebu City after his request for credit was denied. The store owner summoned her son-in-law, appellant Roberto Bardon, who was nearby. Roque retreated upon seeing Bardon but shouted threats as he left with his young son, Riel. Shortly thereafter, Bardon, driving a Ford Fiera with five or six companions, pursued and intercepted Roque at a street corner. Bardon, armed with an ax, knife, and stones, along with his companions who were similarly armed, attacked Roque. Bardon felled the victim with an ax, while a companion stabbed him, and others used stones. Roque died from massive hemorrhage due to multiple stab wounds. The crime was witnessed by his son, Riel, who hid during the attack. Only Bardon was apprehended and tried for Murder qualified by treachery.

ISSUE

The primary issues were: (1) the sufficiency of the evidence to establish Bardon’s guilt, (2) the correct classification of the crime, and (3) the proper appreciation of aggravating and mitigating circumstances for penalty imposition.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The defense of alibi was correctly rejected, as it could not prevail over the positive, clear, and convincing identification by prosecution witnesses, particularly the victim’s son. The Court upheld the finding of treachery (alevosia), as the attack was sudden and unexpected, ensuring the victim had no opportunity to defend himself. However, the trial court erred in separately appreciating the aggravating circumstances of nighttime and abuse of superior strength, as these are inherent in treachery and cannot be considered independently. The aggravating circumstance of use of a motor vehicle was properly appreciated, as the Ford Fiera was instrumental in pursuing the victim and facilitating escape. The mitigating circumstances of sufficient provocation and passion or obfuscation were present, arising from the victim’s prior tumultuous conduct. With one aggravating and two mitigating circumstances, the net effect was one mitigating circumstance. Applying the Indeterminate Sentence Law, the penalty was reduced. Bardon was sentenced to an indeterminate penalty of ten years and one day of prision mayor as minimum to seventeen years, four months, and one day of reclusion temporal as maximum, and ordered to pay an indemnity of P30,000.00 to the victim’s heirs.