EN BANC

[G.R. No. 148912. September 10, 2003]

PEOPLE OF THE PHILIPPINES, appellee, vs. TI OTEO ES!"RLOS, #$%#& 'Tom(,) appellant. *E!ISION
P"NG"NI+"N, J.:

By interposing self-defense, herein appellant admits authorship of the killing. Thus, shifted to him is the burden of proof showing that the killing was justified. espite his failure to pro!e self-defense, he may be "on!i"ted only of homi"ide, not murder, be"ause of the inability of the prose"ution to establish any #ualifying "ir"umstan"e. $ere, trea"hery is negated by the !i"tim%s awareness of the impending atta"k. T,e !#&e &or automati" re!iew before the Court is the 'ay (), (**+ e"ision of the .egional Trial Court /.TC0 of 1rdaneta, 2angasinan /Bran"h 340 in Criminal Case No. 1-+*5)(, finding appellant guilty of murder beyond reasonable doubt and senten"ing him to death. The dispositi!e portion of the e"ision reads as follows6
,+-

WHEREFORE, JUDGMENT is hereby rendered CONVICTING beyond reasonable do b! a"" sed Ti#o!eo Es"arlos o$ !he "ri#e o$ M rder and !he Co r! sen!en"es hi# !o s $$er !he %enal!y o$ DE&TH' he is li(e)ise ordered !o inde#ni$y !he heirs o$ &n!onio *alisa"an !he s # o$ +,-,./0100 as a"! al da#a2es, !he s # o$ +/0,000100 as #oral da#a2es and !he $ r!her s # o$ +/0,000100 as e3e#%lary da#a2es1 The Cler( o$ Co r! is hereby ordered !o %re%are !he #i!!i# s1 The Jail Warden, * rea o$ Jail Mana2e#en! and +enolo2y 4*JM+5 Urdane!a Dis!ri"! Jail, Urdane!a Ci!y, is hereby ordered !o deli6er !he li6in2 body o$ Ti#o!eo Es"arlos !o !he Na!ional *ilibid +risons, M n!inl %a Ci!y, i##edia!ely %on re"ei%! o$ !his De"ision17
8,9

The 7nformation dated August (), (***, "harged appellant as follows6

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Tha! on or abo ! J ly :, ,000, in !he e6enin2, a! *aran2ay D #an%o!, &sin2an, +an2asinan and )i!hin !he ; risdi"!ion o$ !his Honorable Co r!, !he abo6e<na#ed a"" sed, ar#ed )i!h a shar% %oin!ed bladed )ea%on, )i!h delibera!e in!en! !o (ill, !rea"hery and e6iden! %re#edi!a!ion, did !hen and !here )ill$ lly, nla)$ lly and $elonio sly a!!a"(, assa l!, hold and s!ab $ro# behind *r2y1 =2d1 &n!onio *alisa"an, in$li"!in2 %on hi# !he $ollo)in2 in; ries> E3!ernal Findin2s> 4:5 4,5 4@5 4A5 In!ernal Findin2s> 4:5 4,5 C !!in2 o$ !he %%er and lo)er lobe o$ !he ri2h! l n21 C !!in2 o$ !he lo)er lobe o$ !he le$! l n21 ?!ab )o nd lo"a!ed belo) ri2h! "la6i"le #eas rin2 @ in"hes len2!h and - in"hes de%!h1 ?!ab )o nd lo"a!ed a! le$! ar#%i! #eas rin2 A 8in"hes9 len2!h and . in"hes de%!h1 ?!ab )o nd lo"a!ed a! #id l #bar area #eas rin2 @ in"hes len2!h and A in"hes de%!h ?!ab )o nd lo"a!ed be!)een ri2h! $irs! and se"ond $in2er #eas rin2 @ in"hes len2!h1

)hi"h in; ries dire"!ly "a sed !he dea!h o$ said *r2y1 =2d1 &n!onio *alisa"an, !o !he da#a2e and %re; di"e o$ his heirs1
Con!rary !o &r!1 ,A-, Re6ised +enal Code in rela!ion !o Re% bli" &"! No1 B./C17
,:,48A9

uring his arraignment on No!ember 9, (***, appellant, with the assistan"e of his "ounsel, pleaded not guilty to the "harge. After trial in due "ourse, he was found guilty by the lower "ourt. T,e F#-t& Version of the Prosecution The ;ffi"e of the <oli"itor =eneral /;<=0 narrates the fa"tual !ersion of the prose"ution as follows6

&ro nd C oD"lo"( in !he e6enin2 o$ J ly :, ,000, &n!onio *alisa"an )en! !o !he residen"e o$ Jai#e Ule% in Do#a#%o!, &sin2an, +an2asinan !o a!!end a bene$i! dan"e )hi"h )as near !he %la"e1 In !he bene$i! dan"e )as his son Crisan!o *alisa"an, )ho a!!ended !he dan"e )i!h his $riends1 Crisan!o s!ood beside !he e#"ee, Ceasario Es"arlos, a%%ellan!Ds bro!her1 While Ceasario )as "allin2 !he 6i"!i#, &n!onio *alisa"an, !o "o#e !o !he !he s!a2e as he )as a kagawad, Crisan!o heard !he %eo%le a! his ba"( sho ! E&yFD1 Fi6e 4/5 !o si3 4.5 #e!ers a! his ba"(, )i!h !he %la"e 8ill #ina!ed9 by a /0 !o :00 )a!!s b lb, he sa) a%%ellan! s!ab his $a!her, &n!onio, se6eral !i#es1 Crisan!o )as #o#en!arily sho"(ed !ha! he )as no! able !o rea"!1 When a%%ellan! $led, Crisan!o "a#e !o his senses and ran !o &n!onio1 &n!onio )as s!ill ali6e so he bro 2h! hi# !o Urdane!a ?a"red Hear! Hos%i!al )here he e3%ired a $e) #in !es a$!er arri6al1 Jes s Dis#aya )as also beside Ceasario )hen &n!onio *alisa"anDs na#e )as "alled1 When he heard %eo%le sho !, he ! rned aro nd and sa) $ro# a dis!an"e o$ $o r 4A5 #e!ers a%%ellan! s!abbin2 &n!onio $o r 4A5 !i#es )i!h a !en 4:05 in"h<lon2 (ni$e1 He !hen "alled &n!onioDs bro!her, 8Mar"elo9 *alisa"an1 Wi!hin !he 6i"ini!y )as &n!onioDs bro!her, Mar"elo *alisa"an1 He )as in !he &sin2an<Urdane!a road, )hi"h )as abo ! $i$!een 4:/5 #e!ers o !side Ule%Ds yard )hen he heard %eo%le sho ! and r n $ro# !he bene$i! dan"e1 Wan!in2 !o (no) )ha! )as ha%%enin2, he )en! !o !he bene$i! dan"e and sa) !ha! &n!onio )as s!abbed1 He )en! near &n!onio, h 22ed hi#, and as(ed )ho s!abbed hi#1 He re%lied, ETo#y Es"arlos1D Mean)hile aro nd C>@0 o$ !he sa#e e6enin2 o$ J ly :, ,0001 ?+O: +a!ri"io *ad a )as on d !y1 He re"ei6ed a %hone "all abo ! a s!abbin2 in"iden! in a bene$i! dan"e in Do#a#%o!, &sin2an, +an2asinan1 When he )en! !o !he s"ene o$ !he "ri#e, !he 6i"!i#, &n!onio *alisa"an )as already in !he hos%i!al and a%%ellan! had already $led1 He la!er learn8ed9 !ha! &n!onio died1 Dr1 Noe#i Ta2anas "ond "!ed an a !o%sy on &n!onioDs body and $o nd> E3!ernal Findin2s> 4:5 4,5 ?!ab )o nd lo"a!ed belo) !he ri2h! "la6i"le #eas rin2 @ in"hes len2!h 4in5 and - in"hes 4in5 de%!h1 ?!ab )o nd lo"a!ed a! le$! ar#%i! #eas rin2 A in"hes len2!h and . in"hes de%!h1

4@5 4A5 In!ernal Findin2s> 4:5 4,5

?!ab )o nd lo"a!ed a! #id l #bar area #eas rin2 @ in"hes len2!h and A in"hes de%!h ?!ab )o nd lo"a!ed be!)een ri2h! $irs! and se"ond $in2er #eas rin2 @ in"hes len2!h1

C !!in2 o$ !he %%er and lo)er lobe o$ !he ri2h! l n21 C !!in2 o$ !he lo)er lobe o$ !he le$! l n21

?he la!er iss ed a dea!h "er!i$i"a!e1 ?he s!a!ed in "o r! !ha! o ! o$ !he $o r 4A5 s!ab )o nds, &n!onioDs se"ond s!ab )o nd )as $a!al be"a se !he l n2s )ere %ene!ra!ed1 Dr1 Ronald *andonil, an N*I #edi"o<le2al o$$i"er "on$ir#ed Ta2anasD a !o%sy re%or!1 He also "ond "!ed an a !o%sy on !he e3h #ed body o$ &n!onio1 In his a !o%sy he $o nd !ha! &n!onioDs $irs! and se"ond )o nds )ere $a!al as !hese "a sed his dea!h d e !o hy%o6al#i" sho"( or #assi6e blood loss17 4Ci!a!ions o#i!!ed5
8B9

.er&%o/ o0 t,e *e0e/&e Appellant, on the other hand, relates his !ersion of the fa"ts in this manner6

On !he ni2h! o$ J ly :, ,000, a"" sed TIMOTEO E?C&RGO? !o2e!her )i!h Re3ie Habes, Fredo Ra#os, Er)in Ra#os, Ro)ena &la#i2o and o!hers )ere a! !he yard o$ Jai#e Ule%, in + ro( Inana#a, Do#an%o! &sin2an, +an2asinan )a!"hin2 a bene$i! dan"e s%onsored by Mr1 I Mrs1 Or2aniJa!ion1 He )as in6i!ed !o b y le"hon d rin2 !he bene$i! dan"e1 While !herea!, =2d1 &n!onio *alisa"an )ho )as !hen dr n(, %assed in $ron! o$ a"" sed and !old hi#, EHo are here a2ain !o "rea!e !ro ble1D &"" sed )as o$$ended so he ans)ered ba"( sayin2 EWhy do yo say !ha! !o #e )hen I a# no! doin2 any !ro ble here1D &n!onio *alisa"an !old hi#, EO=INN&M =ETDID 46 l6a o$ yo r Mo!her5 and )i!ho ! )arnin2 bo3ed hi#1 Ti#o!eo )as hi! on !he $orehead, )hi"h le$! a s"ar on his $orehead abo ! an in"h abo6e !he ri2h! eyebro)1 He in!ended !o bo3 ba"( b ! he no!i"ed !ha! !he 6i"!i# )as % llin2 o ! a (i!"hen (ni$e, so $or $ear o$ his li$e, he 2rabbed !he )ea%on $ro# &n!onio *alisa"an and sed !he (ni$e in s!abbin2 !he la!!er )ho )as hi! a! !he side belo) !he le$! ar#%i!1 He s!abbed hi# !)i"e and )hen !he 6i"!i# )as abo ! !o $all do)n, he )as able !o hi! hi# $or !he !hird !i#e1

The )ea%on !ha! Ti#o!eo )as able !o 2e! $ro# &n!onio )as a (i!"hen (ni$e abo ! :0 !o :, in"hes1 &n!onio dre) !he (ni$e $ro# his le$! side1 Ti#o!eo )as able !o 2e! hold o$ !he handle o$ !he (ni$e )hen he 2ra%%led $or !he sa#e $ro# !he 6i"!i#, by !a(in2 hold o$ !he (ni$e )i!h his ri2h! hand and s!abbed &n!onio )ho )as in!endin2 !o s!ab hi#1 &n!onio )as one 4:5 in"h !aller !han a"" sed1 Ti#o!eoDs !es!i#ony )as "orrobora!ed by an eye)i!ness, CE?&RIO E?C&RGO?, !he bro!her o$ Ti#o!eo and %residen! o$ !he Mr1 I Mrs1 &sso"ia!ion )hi"h s%onsored !he bene$i! dan"e on J ly :, ,0001 On !he ni2h! o$ J ly :, ,000, Cesario Es"arlos )as a! !he yard o$ Jai#e Ule%1 &! abo ! C>00 oD"lo"( in !he e6enin2 o$ !he said da!e, he sa) his bro!her Ti#o!eo Es"arlos !o2e!her )i!h De3ie Habis s!andin2 in a "orner )a!"hin2 !he dan"e1 ?e6eral #in !es la!er =2d1 &n!onio *alisa"an arri6ed and la!er on, )hile Cesario )as on his )ay !o rina!e1 He heard &n!onio !!ered !o Ti#o!eo E&DD& C&HO M&NEN NG& &G&R&MED TI NIGOGOCON1D While relie6in2 hi#sel$, he heard bo!h Ti#o!eo and &n!onio ar2 in2 and be$ore he "o ld 2e! near and %a"i$y !he#, he sa) !he# )res!lin2 )i!h ea"h o!her1 Many %eo%le )ere aro nd b ! nobody %a"i$ied !he#1 Ne3! #in !e he sa) &n!onio bloodied and lyin2 on !he 2ro nd1 There )ere a! leas! :00 %eo%le !hen and #i2h! ha6e seen !he in"iden!1 He no!i"ed !ha! Jes s Dis#aya )as !here b ! !he la!!er did no! do any!hin21 Cesario, a$!er !he in"iden! only s!ayed !here $or @ #in !es be"a se he )as loo(in2 $or his !hree year<old da 2h!er1 In !he #ean!i#e, nobody !o "hed !he body o$ !he 6i"!i#17
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T,e R1$%/2 o0 t,e Tr%#$ !o1rt The trial "ourt belie!ed that the prose"ution%s e!iden"e was suffi"ient to "on!i"t appellant of murder #ualified by trea"hery. 7t reje"ted his plea of self-defense, be"ause there had been no unlawful aggression on the part of the !i"tim.

3 3 31 The es!ablished $a"!s re6ealed !ha! !he 6i"!i# )as one o$ !he %ersons )ho $iled a "ase o$ #ali"io s #is"hie$ a2ains! 8a%%ellan!91 ?aid "ase )as $iled $i6e 4/5 #on!hs be$ore !he ins!an! "ase ha%%ened1 To !he #ind o$ !he Co r!, !he a"" sed only $o nd a )ay o$ a6en2in2 )ha! he $el! !o)ards !he 6i"!i#1 He !oo( ad6an!a2e o$ !ha! 3 3 3 %ar!i" lar !i#e and %la"e !o le! o ! his $eelin2s in !he %resen"e o$ his baran2ay #a!es1 ? "h hidden 2r d2e by !he a"" sed a2ains! !he 6i"!i#, es!ablished !he #o!i6e o$ !he $or#er1 333 333 333

The se"ond ele#en! o$ sel$<de$ense is also la"(in21 The na! re, lo"a!ion and !he n #ber o$ )o nds in$li"!ed on !he 6i"!i# belie and ne2a!e !he a"" sed8Es9 "lai# o$ sel$<de$ense1 The %os! #or!e# $indin2s o$ !he a !o%sy re%or! sho)ed !ha! !he 6i"!i# s s!ained $o r s!ab )o nds1 I$ !here is any !r !h !o !he a"" sedD8s9 "lai# o$ sel$<de$ense, he )o ld no! ha6e s!abbed hi# se6eral !i#es1 8Worse,9 !he lo"a!ion o$ !he )o nds s 22es!ed !ha! !he a"" sed )as a! !he ba"( o$ !he 6i"!i# )hen !he )o nds )ere in$li"!ed1 I! is !here$ore e6iden! $ro# !he "ond "! o$ !he a"" sed !ha! he )as de!er#ined !o (ill !he 6i"!i# and did no! ; s! a"! !o de$end hi#sel$1 In 6ie) o$ !he $ore2oin2, i! is no lon2er ne"essary !o dis" ss !he !hird ele#en!17
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$en"e, this automati" re!iew.

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T,e I&&1e& Appellant assigns the following alleged errors for our "onsideration6

:1 ,1

The honorable !rial "o r! erred in a%%re"ia!in2 !rea"hery as a K ali$yin2 "ir" #s!an"e des%i!e $ail re o$ !he %rose" !ion !o %ro6e i!s a!!endan"e1 The honorable !rial "o r! erred in no! $indin2 !ha! !he !es!i#ony o$ !he s %%osed eye)i!nesses $or !he %rose" !ion as !o !he a!!endan"e o$ !rea"hery is $la)ed and n)or!hy o$ belie$1 The honorable !rial "o r! erred in no! 2i6in2 e3" l%a!ory )ei2h! !o !he !heory o$ sel$<de$ense in!er%ose8d9 by !he a"" sed<a%%ellan!1 The honorable !rial "o r! "o##i!!ed a 2ra6e and serio s error in no! $indin2 !ha! !he 6i"!i# 8)as9 !he $irs! !o assa l! a"" sed1 The honorable !rial "o r! erred in "onsiderin2 #o!i6e !o es!ablish !he 2 il! o$ !he a"" sed1 The honorable "o r! erred in "on6i"!in2 !he a"" sed<a%%ellan! o$ # rder ins!ead o$ a"K i!!in2 hi# or a! #os! "on6i"!in2 hi# o$ ho#i"ide17
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@1 A1 /1 .1

These issues boil down to four6 /+0 suffi"ien"y of the prose"ution%s e!iden"e, /(0 !iability of self-defense, /80 appre"iation of trea"hery as a #ualifying "ir"umstan"e, and /30 propriety of the penalty and the damages imposed by the trial "ourt.

T,e !o1rt3& R1$%/2 The appeal is partly meritorious. F%r&t I&&1e4 Sufficiency of the Prosecutions Evidence Although appellant did not dire"tly raise the suffi"ien"y of the prose"ution%s e!iden"e as an issue, this Court nonetheless deliberated on it motu proprio, be"ause an automati" appeal in a "riminal a"tion opens the whole "ase for re!iew. 7ndeed, the strength of the prose"ution%s e!iden"e must be passed upon, espe"ially in "ases in whi"h the death penalty has been imposed by the trial "ourt . >e ha!e "arefully e?amined the e!iden"e for the prose"ution and found that the fa"t of killing and the identity of the killer were duly established beyond reasonable doubt.
,+(-

2rose"ution >itness Crisanto Balisa"an, son of the !i"tim, testified on the stabbing in"ident, whi"h had o""urred during a benefit dan"e on that fateful night of @uly +, (***. The witness% testimony is as follows6
AC;1.T6 Bou go to the main point. ATTB. CEDA<C;6 >hile there, did you obser!e or did you see if there was any unusual in"ident that took pla"eE A6 A6 Bes, your $onor. <tabbing in"ident, your $onor. >ho was stabbedE ATTB. CEDA<C;6 >ho was the !i"tim of that stabbingE A6 A6 'y father. 'r. Timoteo GTomy% Es"arlos, the a""used in this "ase, your $onor. F6 >ho stabbed himE F6 >ill you please fo"us your eyes within this $onorable Court and tell us whether the person you said who stabbed your father by the name of Timoteo Es"arlos is in the premises of this $onorable CourtE A6 Bes, sir. F6 >ill you please stand up and point to himE F6 >hat was that unusual in"ident you ha!e seen and obser!edE C;1.T6

A6

The first one, your $onor />itness is pointing unto a person seated on the ben"h inside the "ourtroom, who, when his name was asked, he answered Timoteo Es"arlos0. About ten years, your $onor. omampotE Bes, your $onor.

F6 $ow long ha!e you been a"#uainted with the a""used Timoteo Es"arlosE A6 A6 F6 $e is also from

F6 Considering that it is already about )6(*-)68* o%"lo"k in the e!ening when this stabbing in"ident took pla"e, how "an you be sure that it was Timoteo Es"arlos who stabbed your fatherE A6 A6 There was ? ? ? light, your $onor. :*H+** watts bulb. ??? ATTB. CEDA<C;6 id you see the spot where your father was a"tually stabbedE A6 Bes, sir. F6 $ow far is this pla"e where your father was stabbed in relation to the entran"e of the dan"e arena. A6 A6 A6 About : to 4 meters at my ba"k, your $onor. 7 heard shouting. &rom my ba"k. ??? C;1.T6 >hat is that shouting aboutE ATTB. CEDA<C;6 Bou heard shoutin,g-, a""ording to you, what did you hear, if you knowE A6 About the in"ident. Tell ,us- e?a"tly what you heard,.A6 7 heard shouting, GAyI% F6 $ow many people shouted, GAy%E C;1.T6 ??? ??? F6 And at that distan"e, what happened ne?t while you were wat"hingE F6 These shouting that you heard, where did they "ome fromE ??? ??? F6 >hat kind of light are you trying to sayE

A6

'any, your $onor, be"ause that was a benefit dan"e. >hen you heard shoutin,g-, what did you do, if anyE

ATTB. CEDA<C;6 A6 A6 7 turned my head to my ba"k. I saw stabbing. I saw my father stabbed by Timoteo Escarlos, your Honor. ,+8- /7tali"s supplied0

F6 When you focused your attention and sight at your back, what happened next?

1ndoubtedly, the fa"tual premises with regard to the killing and its "ommission by appellant are "lear and undisputed. $e did not at all deny the allegations against him and openly admitted that he had killed the !i"tim. $owe!er, he interposes self-defense to seek his e?oneration from "riminal liability. Se-o/5 I&&1e4 Plea of Self-Defense 7n pleading self-defense, appellant asserts that it was the !i"tim who initially approa"hed and assaulted him. Allegedly, the former had no "hoi"e but to defend himself under the "ir"umstan"es. 7n his testimony before the trial "ourt, he des"ribed the "onfrontation that had led to the fatal killing as follows6
AF6 And while you were there at the yard of @aime 1lep on that night of @uly +, (*** do you remember ha!ing seen the person of one Jgd. Antonio Balisa"anE A6 A6 A6 Bes, sir. Bes, sir. >hen he passed in front of me he uttered in a loud !oi"e H Gyou are here again to "reate trouble% /A A JA 'ANEN 7T;B N=A A=A.A'7 T7 N7D7D;J;0. 7, sir. F6 And did he see you alsoE F6 And did you happen to see himE

F6 To whom did Antonio Balisa"an utter these wordsE A6 F6 And you said it was uttered in a loud manner, how far were you when he uttered these wordsE A6 A6 'ore or less 8 to 3 meters, sir. 7 was offended, sir. F6 >hat did you sayE F6 And do you know the physi"al appearan"e of Antonio Balisa"an when he mentioned those words to youE

A6 A6 A6

As if he was drunk, sir. 7 smell his breath, sir. 7 said6 G>hy do you say that to me when 7 am not doing any trouble here.%

F6 >hat made you say that as if he was drunkE F6 $ow did you rea"t later when Antonio Balisa"an uttered those words to youE F6 By the way, when Antonio Balisa"an said those words to you, were you doing anything that timeE A6 A6 A6 A6 A6 A6 None, sir. $e said6 G;J7NNA' JET 7% /!ul!a of your mother0 and then he bo?ed me, sir. Bes, sir. This one on my forehead, sir. />itness is pointing on his forehead0. Bes, sir. 'y forehead was injured />itness is pointing a ,to- a s"ar on his forehead about an in"h at the right abo!e the right eye"row0. When I intend to box him I noticed that he withdrew a balisong and I tried to grab and used the balisong in stabbing, sir. ??? C;1.T6 How many times did you stab him? A6 Two times but when he was about to fall down I was able to hit him once for the third time, sir. At his left side, sir. 7 siKed it to be a kit"hen knife, sir. +* to +( in"hes, sir. ??? ??? F6 >hat happened later on when you answered Brgy. Jgd. Antonio Balisa"anE F6 >ere you hitE F6 >hat part of your body was hitE F6 >ere you injuredE F6 >hat injury did you sufferE

F6 !nd what did you do after you were boxed by !ntonio "alisacan? A6

F6 Bou said that he drew a knife, where did he draw the knifeE A6 A6 A6 F6 >hat kind of weapon did he drawE F6 Could you tell the $onorable Court the length of that knife to in"lude the handleE F6 And how did you grapple for the possession of that knifeE

A6

7 was able to hold the handle of the kit"hen knife, sir. ??? ??? ???

F6 What prompted you to stab him considering that you already got hold #of$ the knife from him? A6 %es, sir, because he intend#ed$ to stab me, so, when I had possession of the knife I stabbed him, sir.L,+3- /7tali"s supplied0

>e stress that when the a""used in!okes self-defense, the burden of proof is shifted from the prose"ution to the defense. Thus, the latter assumes the responsibility of establishing this plea by "lear and "on!in"ing e!iden"e. 1pon its shoulders rests the duty of pro!ing, to the satisfa"tion of the trial "ourt, the justifying "ir"umstan"e of self-defense.
,+:,+4-

The impli"ations of pleading self-defense insofar as the burden of proof is "on"erned was e?plained by the Court in &acalino '. (eople, from whi"h we #uote6
,+5-

In %leadin2 sel$<de$ense, %e!i!ioner in e$$e"! ad#i!!ed !ha! he s!abbed !he 6i"!i#1 I! )as !hen in" #ben! %on hi# !o %ro6e !ha! ; s!i$yin2 "ir" #s!an"e !o !he sa!is$a"!ion o$ !he "o r!, relyin2 on !he s!ren2!h o$ his e6iden"e and no! on !he )ea(ness o$ !he %rose" !ion1 The reason is !ha! e6en i$ !he %rose" !ion e6iden"e )ere )ea(, s "h "o ld no! be disbelie6ed a$!er %e!i!ioner ad#i!!ed !he $a"! o$ s!abbin2 !he 6i"!i#17
8:-9

The a""used who a!ers that the killing arose from an impulse of self-defense has the onus probandi of pro!ing the elements thereof. The essential re#uisites of selfdefense are the following6 /+0 unlawful aggression on the part of the !i"timM /(0 reasonable ne"essity of the means employed to pre!ent or repel su"h aggressionM and /80 la"k of suffi"ient pro!o"ation on the part of the person resorting to self-defense. Cerily, to in!oke self-defense su""essfully, there must ha!e been an unlawful and unpro!oked atta"k that endangered the life of the a""used, who was then for"ed to infli"t se!ere wounds upon the assailant by employing reasonable means to resist the atta"k.
,+),(*,(+-

Unlawful A ression on the Part of the Victi! 7n the present "ase, appellant "laims that there was unlawful aggression on the part of the !i"tim when the latter un"eremoniously bo?ed him on the forehead in the heat of their argument. Appellant adds that he had initially thought of hitting ba"k when he noti"ed that the !i"tim was pulling out a kit"hen knife. $en"e, to sa!e his life, the former grabbed the weapon and used it to stab the latter. Appellant insists that under the "ir"umstan"es, he was legally justified in using the knife to ward off the unlawful aggression. &or him to wait for the knife to be raised and to fall on him before a"ting to defend himself would be asking too mu"h, he argues.

The "ontentions of appellant are untenable. >hile the !i"tim may be said to ha!e initiated the "onfrontation, we do not subs"ribe to the !iew that the former was subje"ted to an unlawful aggression within the legal meaning of the phrase. The alleged assault did not "ome as a surprise, as it was pre"eded by a heated e?"hange of words between the two parties who had a history of animosity. 'oreo!er, the alleged drawing of a knife by the !i"tim "ould not ha!e pla"ed the life of appellant in imminent danger. The former might ha!e done it only to threaten or intimidate the latter. 1nlawful aggression presupposes actual, sudden, unexpected or imminent danger )) not merely threatening and intimidating a"tion . 1n"ertain, premature and spe"ulati!e was the assertion of appellant that the !i"tim was about to stab him, when the latter had merely drawn out his knife. There is aggression, only when the one atta"ked fa"es real and immediate threat to one%s life. The peril sought to be a!oided must be imminent and a"tual, not just spe"ulati!e.
,((,(8-

E!en assuming arguendo that there was an alter"ation before the stabbing in"ident and that some danger did in fa"t e?ist, the imminen"e of that danger had already "eased the moment appellant disarmed the !i"tim by wresting the knife from the latter. After the former had su""essfully seiKed it, there was no longer any unlawful aggression to speak of that would ha!e ne"essitated the need to kill the latter. $en"e, appellant be"ame the unlawful aggressor when he stabbed the !i"tim.
,(3-

>hen an unlawful aggression that has begun no longer e?ists, the one who resorts to self-defense has no right to kill or e!en to wound the former aggressor. To be sure, when the present !i"tim no longer persisted in his purpose or a"tion to the e?tent that the obje"t of his atta"k was no longer in peril, there was no more unlawful aggression that would warrant legal self-defense on the part of appellant. 1ndoubtedly, the latter went beyond the "all of self-preser!ation when he pro"eeded to infli"t e?"essi!e, atro"ious and fatal injuries on the latter, e!en when the allegedly unlawful aggression had already "eased.
,(:,(4-

"easona#le $ecessity of the %eans E!ployed to Prevent or "epel the Attac& Appellant argues that in the heat of the en"ounter, he was not in a position to "al"ulate or determine the effe"ts of his blows, and that it was ne!ertheless ne"essary for him to infli"t them in order to sa!e his own life. As "orre"tly held by the trial "ourt, the nature, the number and the lo"ation of the wounds infli"ted upon the !i"tim were important indi"iadispro!ing self-defense. The "laim of appellant that only two of the four stab wounds were fatal is of no moment, inasmu"h as the means he employed was glaringly disproportionate to the per"ei!ed unlawful aggression. $e admitted in his testimony that he had stabbed the !i"tim for the third time, e!en when the latter was about to fall.
,(5-

The means employed by a person in!oking self-defense must be reasonably "ommensurate to the nature and the e?tent of the atta"k sought to be a!erted, as held by the Court in (eople '. *bordo6
,(9-

E6en ass #in2 arguendo !ha! !here )as nla)$ l a22ression on !he %ar! o$ !he 6i"!i#, a"" sed<a%%ellan! li(e)ise $ailed !o %ro6e !ha! !he #eans he e#%loyed !o re%el Ho#erDs % n"h )as reasonable1 The #eans e#%loyed by !he %erson in6o(in2 sel$< de$ense "on!e#%la!es a ra!ional eK i6alen"e be!)een !he #eans o$ a!!a"( and !he de$ense1 &"" sed<a%%ellan! "lai#ed !ha! !he 6i"!i# % n"hed hi# and )as !ryin2 !o 2e! so#e!hin2 $ro# his )ais!, so he 4a"" sed<a%%ellan!5 s!abbed !he 6i"!i# )i!h his h n!in2 (ni$e1 His a"! o$ i##edia!ely s!abbin2 Ho#er and in$li"!in2 a )o nd on a 6i!al %ar! o$ !he 6i"!i#Ds body )as nreasonable and nne"essary "onsiderin2 !ha!, as alle2ed by a"" sed<a%%ellan! hi#sel$, !he 6i"!i# sed his bare $is! in !hro)in2 a % n"h a! hi#17
8,C9

7ndeed, the means employed by a person resorting to self-defense must be rationally ne"essary to pre!ent or repel an unlawful aggression.
,8*-

1nlawful aggression is a conditio sine +ua non for upholding the justifying "ir"umstan"e of self-defense. 1nless the !i"tim has "ommitted unlawful aggression against the other, there "an be no self-defense, complete or incomplete, on the part of the latter. 7f there is nothing to pre!ent or repel, the other two re#uisites of self-defense will ha!e no basis.
,8+,8(-

T,%r5 I&&1e4 Appreciation of 'ualifyin (ircu!stances The essen"e of trea"hery is the sudden and une?pe"ted atta"k by an aggressor without the slightest pro!o"ation on the part of the !i"tim, thus depri!ing the latter of any real "han"e to put up a defense, and thereby ensuring the "ommission of the atta"k without risk to the aggressor. Trea"hery re#uires the "on"urren"e of two "onditions6 /+0 the employment of a means of e?e"ution that gi!es the person atta"ked no opportunity for self-defense or retaliationM and /(0 the deliberate and "ons"ious adoption of the means of e?e"ution.
,88,83-

There is no trea"hery when the assault is pre"eded by a heated e?"hange of words between the a""used and the !i"timM or when the !i"tim is aware of the hostility of the assailant towards the former.
,8:-

7n the instant "ase, the !erbal and physi"al s#uabble prior to the atta"k pro!es that there was no trea"hery, and that the !i"tim was aware of the imminent danger to his life. 'oreo!er, the prose"ution failed to establish that appellant had deliberately adopted a trea"herous mode of atta"k for the purpose of depri!ing the !i"tim of a "han"e to fight or retreat.
,84,85-

Certainly, the !i"tim knew that his s"uffle with appellant "ould e!entually turn into a !iolent physi"al "lash. The e?isten"e of a struggle before the fatal blows were infli"ted on the !i"tim "learly shows that he was forewarned of the impending atta"k, and that he was afforded the opportunity to put up a defense. 7ndeed, a killing done at the spur of the moment is not trea"herous. 'oreo!er, any doubt as to the e?isten"e of trea"hery must be resol!ed in fa!or of the a""used.
,89,8)-

7n (eople '. ,ari-o, we modified the trial "ourt%s de"ision and ruled that the "rime "ommitted was only homi"ide, be"ause the #ualifying "ir"umstan"e of trea"hery had not been "learly established. Thus, the Court de"lared6
,3*-

Ho)e6er, )e a2ree )i!h !he O?GDs re"o##enda!ion !ha! a%%ellan! be held liable only $or ho#i"ide, no! # rder1 In !his "ase, !he K ali$yin2 "ir" #s!an"e o$ !rea"hery )as no! "on"l si6ely es!ablished1 For !rea"hery !o e3is!, !he $ollo)in2 reK isi!es # s! be #e!> 4:5 !ha! a! !he !i#e o$ !he a!!a"(, !he 6i"!i# )as no! in a %osi!ion !o de$end hi#sel$' and 4,5 !ha! !he o$$ender "ons"io sly ado%!ed !he %ar!i" lar #eans, #e!hod or $or# o$ a!!a"( e#%loyed by hi#1 The $a"!s sho) !ha! Ed# ndo )as %la"ed on 2 ard "on"ernin2 a %ossible assa l! by +edro1 Firs!, !here )as a hea!ed ar2 #en! be!)een !he# a! !he %la"e o$ !he )a(e1 ?e"ond, Ed# ndo )as no! na)are !ha! he and Rolando )ere $ollo)ed o !side by a%%ellan!, )ho did no! ado%! any #eans !o "on"eal hi#sel$ or hide his in!en!ion o$ "on$ron!in2 Ed# ndo1 Third, !he abrasions and "on! sions on Ed# ndoDs $a"e sho) !ha! Ed# ndo )as able !o % ! % a $i2h! be$ore he )as $a!ally s!abbed1 These "ir" #s!an"es ne2a!e !he e3is!en"e o$ !rea"hery in !he "o##ission o$ !he o$$ense17
8A:9

As in (eople '. ,ari-o, the ;ffi"e of the <oli"itor =eneral re"ommended in this "ase that appellant be "on!i"ted of homi"ide only, inasmu"h as the #ualifying "ir"umstan"e of trea"hery had not been suffi"iently established.
,3(-

The trial "ourt "orre"tly ruled that the #ualifying "ir"umstan"e of e!ident premeditation was not present in the killing. Essentially, there is e!ident premeditation when the e?e"ution of a "riminal a"t is pre"eded by "ool thought and refle"tion upon the resolution to "arry out a "riminal intent within a spa"e of time suffi"ient to arri!e at a "alm judgment. ;b!iously, the a"ts of appellant in the present "ase "an hardly be des"ribed as a produ"t of refle"ti!e thought or deliberate planning towards a de"isi!e resol!e to kill the !i"tim. ;n the "ontrary, the "onfrontation that es"alated to a !iolent brawl was #uite spontaneous, "asual and in"idental. Cerily, the brutal killing was not the result of a pre!ious plot or sinister design to end the life of the !i"tim.
,38-

The elements of e!ident premeditation are as follows6 /a0 the time when the a""used de"ided to "ommit the "rimeM /b0 an o!ert a"t manifestly indi"ating that the a""used "lung to the determination to "ommit the "rimeM and /"0 the lapse of a period of time, between the determination and the subse#uent e?e"ution of the "rime, suffi"ient to allow the a""used an opportunity to refle"t upon the "onse#uen"es of the a"t. As found by the trial "ourt, the prose"ution failed to present suffi"ient e!iden"e to establish any of the foregoing re#uisites. To be sure, when there is no showing how and when
,33-

the plan to kill was de"ided or how mu"h time had elapsed before the "rime was "arried out, there is no e!ident premeditation.
,3:-

7n a "riminal prose"ution -- espe"ially in "ases in!ol!ing the e?treme penalty of death -- nothing but proof beyond reasonable doubt of e!ery fa"t ne"essary to "onstitute the "rime with whi"h the a""used is "harged must be established.
,34-

Fo1rt, I&&1e4 Proper Penalty and Award of Da!a es 1nder Arti"le (3) of the .e!ised 2enal Code, the penalty for homi"ide is reclusion temporal. There being neither mitigating nor aggra!ating "ir"umstan"e, the appropriate penalty should be reclusion temporal in its medium period. Appellant is likewise entitled to the benefits of the 7ndeterminate <enten"e Daw. The trial "ourt awarded moral damages in the amount of 2:*,***, but failed to award 2:*,*** as "i!il indemnity for the death of the !i"tim. 'oral damages "annot be granted in the absen"e of proof therefor. 1nlike in rape "ases, this type of award is not automati"ally gi!en in murder or homi"ide. The prose"ution was, howe!er, able to pro!e a"tual damages in the sum of 2(9,4:*. The award of e?emplary damages should be omitted "onsidering that no aggra!ating "ir"umstan"e was duly pro!en.
,35,39-

6HEREFORE, the assailed e"ision is &*.I/IE.. Appellant is held guilty of homi"ide and senten"ed to eight /90 years and one /+0 day of prison mayor medium, as minimumM to fourteen /+30 years, eight /90 months and /+0 day of reclusion temporal medium, as ma?imum. $e shall also pay the heirs of the !i"tim the amounts of 2:*,*** as "i!il indemnity and 2(9,4:* as a"tual damages, "onsistent with pre!ailing jurispruden"e. The grant of moral and e?emplary damages is .E0ETE.. No "osts.
,3)-

SO OR*ERE*. .a'ide, 1r., ,.1., "ellosillo, 2itug, 3uisumbing, %nares)4antiago, 4ando'al) 5utierre6, ,arpio, !ustria)&artine6, ,orona, ,arpio)&orales, and ,alle7o, 4r., 11., "on"ur. (uno, and !6cuna, 11., on offi"ial business.

,+-

8ollo, pp.+9-8*. 2enned by @udge Ali"ia B. =onKaleK- e"ano. Assailed e"ision, pp. +(-+8M rollo, pp. ()-8*.

,(-

,8-

8ollo, pp. 4-5M signed by (nd Assistant 2ro!in"ial 2rose"utor .estituto A. umlao @r. Ibid. Atty. @oselino Ciray. .e"ords, Col. 7, p. :+. Appellee%s Brief, pp. :-9M rollo, pp. +88-+84. <igned by a"ting <oli"itor =eneral Carlos N. ;rtega and Asso"iate <oli"itor 'a. Almira '. Tomampos.

,3-

,:-

,4-

,5-

,9-

Appellant%s Brief, pp. )-++M rollo, pp. :*-:(. <igned by Atty. @oselino A. Ciray. Assailed e"ision, pp. +*-++M rollo, pp. (5-(9.

,)-

,+*-

This "ase was deemed submitted for de"ision on <eptember +8, (**(, upon re"eipt by this Court of the 'anifestation of appellant that he was no longer filing a .eply Brief. $is Brief was filed earlier on &ebruary (*, (**(, while appellee%s Brief was filed on @une ++, (**(. Appellant%s Brief, p. (M rollo, p. 38. ;riginal in upper "ase. 2eople '. e la CruK, =. No. +853*:, <eptember (5, (**(.

,++-

,+(-

,+8-

T<N, @anuary (3, (**+, pp. 9-++. T<N, 'ar"h (5, (**+, pp. 3-5. 2eople '. 2eralta, 8:* <C.A +)9, @anuary (3, (**+. 2eople '. .abanal, 83) <C.A 4::, @anuary +), (**+. 83* <C.A ++, <eptember 5, (***. Id., pp. ((-(8, per e Deon @r., @. 2eople '. AlmaKan, 3+5 2hil. 4)5, <eptember +5, (**+. 2eople '. <il!ano, 8:* <C.A4:*, @anuary 8+, (**+M 2eople '. 2laKo, 8:* <C.A 388, @anuary (), (**+M .o"a '. Court of Appeals, 8:* <C.A 3+3, @anuary (), (**+. 2eople '. <armiento, 8:5 <C.A 335, April 8*, (**+. 2eople '. .abanal, supra. 2eople '. amitan, 85+ <C.A 4(), e"ember 5, (**+.

,+3-

,+:-

,+4-

,+5-

,+9-

,+)-

,(*-

,(+-

,((-

,(8-

,(3-

2eople '. Calabroso, 83* <C.A 88(, <eptember +3, (***M 2eople '. 'aalat, 8+3 2hil. (**, @uly 9, +))5. 2eople '. .abanal, supra. 2eople '. =eneblaKo, 84+, 3+3 2hil. +*8, @uly (*, (**+. 2eople '. 1baldo, 845 <C.A 38(, ;"tober +5, (**+M 2eople '. Basadre, 8:( <C.A :58, &ebruary ((, (**+M 2eople '. <il!ano, supra. =. No. +8):(9, 'ay ), (**(. Id., p. (*, per Japunan, @. 2eople '. <aul, 85( <C.A 484, e"ember +), (**+.

,(:-

,(4-

,(5-

,(9-

,()-

,8*-

,8+-

2eople '. Cama"ho, 3++ 2hil. 5+:, @une (*, (**+. 2eople '. &lores, 8:4 <C.A 88(, April 3, (**+M 2eople '. Court of Appeals, 8:( <C.A :)), &ebruary (8, (**+M Calim '. Court of Appeals, 8:+ <C.A ::), &ebruary +8, (**+. 2eople '. 'edios, 85+ <C.A +(*, No!ember (), (**+. 2eople '. &igura"ion, 3+: 2hil. +(, August +*, (**+M 2eople '. Enri#ueK, 8:5 <C.A (4), April (*, (**+M 2eople '. =al!eK, 8:: <C.A (34, 'ar"h (4, (**+. 2eople '. .eyes, 849 <C.A (95, ;"tober (:, (**+. 2eople '. 'antes, 849 <C.A 44+, No!ember +3, (**+. 2eople '. Amba, 84: <C.A :+9, <eptember (*, (**+.

,8(-

,88-

,83-

,8:-

,84-

,85-

,89-

2eople '. 2ajotal, 849 <C.A 453, No!ember +3, (**+. 2eople '. o"tolero <r., 3+: 2hil. 48(, August (*, (**+.

,8)-

,3*-

3+4 2hil. (54, August (9, (**+. Id., p. (95, per Fuisumbing, @. Appellee%s Brief, p. 8(M rollo, p. +4*. 2eople '. 1ganap, 8:9 <C.A 453, @une +), (**+. 2eople '. A"ojedo, 84) <C.A 854, No!ember +), (**+. 2eople '. &eli"iano, 84: <C.A 4+8, <eptember (3, (**+. 2eople '. &ran"is"o, 8:* <C.A ::, @anuary ((, (**+. 2eople '. Cillanue!a, =. No. +8)+55, August ++, (**8M 2eople '. 7baNeK, =. Nos. +88)(8-(3, @uly 8*, (**8. 2eople '. 2anabang, =. Nos. +85:+3-+:, @anuary +4, (**(M 2eople '. Catubig, 3+4 2hil. +*(, August (8, (**+. 2eople '. 2anabang, supraM 2eople '. Costales, =. Nos. +3++:3-:4, @anuary +:, (**(.

,3+-

,3(-

,38-

,33-

,3:-

,34-

,35-

,39-

,3)-