G.R. No. 190861 - People vs. Lino L. Duavis

On May 2, 2003, at around 5:30 PM, Dante Largado, Sr. was walking towards his house in Barangay Balire, Tunga, Leyte.
Appellant Lino L. Duavis was seen running behind Largado, Sr. carrying a 24-inch long bolo.
Appellant hacked Largado, Sr. on the face, inflicting a severe wound causing immediate death.
Dante Largado, Jr., who witnessed the event from a few meters away, confronted appellant, who responded with insults.
Neighbor Alex Davocol saw the incident and alerted the police.

An Information was filed against appellant charging him with murder, citing deliberate intent, treachery, and evident premeditation.
Arraignment was on August 4, 2003; appellant pleaded not guilty.
Prosecution presented testimonies of Dante Largado, Jr., Alex Davocol, and Dr. Catalina Vivero Ronda.
Defense presented appellant’s testimony claiming self-defense after an altercation with Largado, Sr., including a drinking session and subsequent violent confrontation.
Trial court found appellant guilty of murder and sentenced him to death with indemnity and moral damages to the victim’s heirs.
The Supreme Court remanded the case to the Court of Appeals (CA) for intermediate review.

On May 29, 2009, CA affirmed the conviction but reduced the charge to homicide, dropping evident premeditation and treachery.
Appellant was sentenced to an indeterminate sentence of prison for homicide and damages to victim's heirs.

Appellant assigned errors focusing on the trial court’s failure to recognize self-defense and improper conviction of murder.
Appellant argued that unlawful aggression by Largado, Sr. justified his actions under self-defense.

Whether appellant was entitled to the justifying circumstance of self-defense.
Whether the prosecution proved appellant’s guilt beyond reasonable doubt.
Whether the trial court erred in convicting appellant of murder considering absence of qualifying circumstances.