G.R. No. 118921-22 - Austria vs. Court of Appeals

Ernesto Austria and Antonio Dato were charged before the Regional Trial Court (RTC) of Valenzuela with murder for the killing of Emilio Narral, allegedly with treachery and evident premeditation.
The RTC convicted both accused of homicide, imposing indeterminate prison terms of twelve (12) years and one (1) day minimum to twelve (12) years, ten (10) months and twenty (20) days maximum (two counts each), ordering them to pay P30,000.00 indemnity to the heirs of Emilio Narral and the costs.
Upon appeal, the Court of Appeals affirmed the conviction but increased the indemnity to P50,000.00 and costs against the accused-appellants.

On August 16, 1976 at around 11 PM, Emilio Narral and his wife Flora were at home in Valenzuela when Herman Nario informed them Emilio was summoned by Ernesto Austria and Antonio Dato to discuss a dispute regarding payment receipts for land survey fees.
Austria was President and Dato Vice President of the neighborhood association. Emilio, Herman, and Flora proceeded to Dato’s store where Ernesto Austria, Antonio Dato, Tino Codapas, Rogelio de Joya, and Jaime Futol were present.
Flora, after seeing the conversation was cordial, left. About ten minutes later, she heard shouts and saw Emilio lying on the ground, telling her he had been stabbed by Ernesto Austria.

Alberto de los Reyes, a 17-year-old neighbor, testified he heard someone shout “You betrayed me,” then saw Emilio being chased by Austria, Dato, and Codapas.
Antonio Dato held Emilio’s right arm with both hands while Codapas struck Emilio’s head with a bamboo causing him to fall. Austria then stabbed Emilio twice in the neck as he lay prostrate.
The assailants fled and Austria threatened Alberto and his mother not to speak about the incident.

Ernesto Austria testified he and the group were discussing a separate matter when an intoxicated Emilio pulled out a knife, challenged everyone, then attacked Antonio Dato.
Austria claimed a struggle ensued and in trying to wrestle the knife, he accidentally stabbed Emilio in the neck. He invoked self-defense and Antonio denied participating in the killing.

The necropsy report documented multiple abrasions, contusions, lacerations, and two stab wounds on Emilio Narral’s neck causing profuse hemorrhage leading to death.
The wounds severed the common carotid artery and jugular vessels.

The RTC found no unlawful aggression from Emilio and rejected self-defense, considering the nature, number, and location of wounds inflicted.
It ruled the killing was homicide with the aggravating circumstance of abuse of superior strength, rejecting murder because there was no evident premeditation or treachery.
It also found a conspiracy between Austria and Dato, and credited the eyewitness testimony of de los Reyes.
The court recognized the mitigating circumstance of provocation by Emilio, based on his conduct during the confrontation.

The Court of Appeals affirmed the RTC decision on September 23, 1994, increasing the indemnity to P50,000.00.
A motion for reconsideration was denied on December 8, 1994.

Austria argued he acted in self-defense, asserting Emilio was the unlawful aggressor as corroborated by other witnesses.
He claimed the injuries were accidental during the struggle for the knife, and head injuries resulted from Emilio hitting a wall.

Whether or not petitioner Ernesto Austria acted in lawful self-defense in the killing of Emilio Narral.
Whether the elements of murder—treachery and evident premeditation—were present.
Whether the penalty imposed was proper, considering mitigating and aggravating circumstances.
Whether the indemnity awarded should be sustained.