G.R. No. L-66324. July 6, 1990.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO CEMPRON, accused-appellant.

FACTS

On November 1, 1982, at a cockpit in Inabanga, Bohol, Gregorio Gudelusao was squatting on the ground counting money from bets. The accused, Alfredo Cempron, approached from behind holding a fighting cock. Concealed beneath the bird’s wings was a knife. Without warning, Cempron used this knife to successively stab Gudelusao, who was totally unprepared. The victim fell with his intestines exposed and later died at the hospital from massive blood loss. Cempron fled but voluntarily surrendered to a barangay official later that same evening, turning over the knife used in the stabbing.
At trial, Cempron claimed self-defense. He testified that he had won a bet which Gudelusao, who was also a bet collector, refused to pay. An altercation ensued where Gudelusao allegedly boxed him and later attempted to stab him with a gaff (a cockfighting spur). Cempron claimed he then stabbed Gudelusao only to defend himself. The trial court rejected this version, convicting him of Murder qualified by treachery and sentencing him to reclusion perpetua.

ISSUE

Whether the trial court correctly convicted the accused of Murder, qualified by treachery, and properly imposed the penalty.

RULING

Yes, the conviction for Murder is affirmed, but the penalty is modified. The Supreme Court upheld the finding of treachery (alevosia). The legal logic requires that for treachery to qualify a killing to murder, the means of execution must be deliberately adopted by the offender to ensure the act without risk from any defense the victim might make. The evidence established that Cempron approached the unsuspecting victim from behind while the victim was squatting and preoccupied with counting money. The attack was sudden and employed a concealed weapon, giving Gudelusao no opportunity to defend himself or retaliate. This mode of attack directly insured the execution of the crime without risk to Cempron, perfectly satisfying the definition of treachery. His claim of self-defense was correctly dismissed for lack of credible corroboration and for being inconsistent with the factual circumstances of a sudden, rear assault.
However, the penalty is modified. The trial court failed to appreciate the mitigating circumstance of voluntary surrender, which was established by prosecution witness Agripino Lofranco. With this mitigating circumstance and no aggravating circumstance, the prescribed penalty for Murder (reclusion temporal maximum to death) is reduced to its minimum period (17 years, 4 months, and 1 day to 20 years). Applying the Indeterminate Sentence Law, the Supreme Court imposed an indeterminate sentence of ten (10) years and one (1) day of prision mayor, as minimum, to eighteen (18) years and one (1) day of reclusion temporal, as maximum. The civil indemnity was also increased to Thirty Thousand Pesos (P30,000.00) in accordance with prevailing jurisprudence.