G.R. No. 184050 08 May 2009
Ponente: Velasco, JR, J.
FACTS:
In the evening of the 27 February 1999, Marcelino Balos held a party at his house in Bukidnon. As per the host, while seated at the table, the appellant suddenly hacked the victim, Gaudencio Perater, on the right side of his neck with a bolo. According to Marcelino’s nephew, there were no words exchanged between the victim and the accused prior to the attack.
The appellant’s version states that Gaudencio was drinking with Marcelino and his nephew when the accused asked where his brother is. Gaudencio insulted the appellant’s brother and where a fight ensued. Upon being warned that Gaudencio was about to stab him, the appellant hit the victim’s neck in self-defense.
ISSUES:
- Whether the qualifying circumstance of treachery should be appreciated; and
- Whether the accused-appellant’s claim of self-defense should be appreciated.
RULING:
- Considering the sudden manner of the attack which was done in a party, leaving the victim’s guard down and defenseless, and the lack of provocation from the victim as testified by witnesses, the qualifying circumstance of treachery is to be appreciated. The crime therefore is murder under paragraph 1 of Article 248 of the RPC.
- For self-defense to occur, the defense must prove that there was (1) unlawful aggression, (2) reasonable necessity of the means employed to prevent or repel it, and (3) lack of sufficient provocation from the person claiming self-defense. The first of these elements is required, and as there was only the appellant’s testimony that the victim was about to stab him as opposed to the testimonies by witnesses, it was found that the latter’s testimonies were more credible than that of the accused – that there was no attack coming from the victim’s end. Unlawful aggression is absent; thus, the accused-appellant’s claim for self-defense fails.
