G.R. No. L-16489 - People vs. Basbanio

The accused, Raul Basbanio, Reynaldo Alimodian, and Demetrio (Deroetrio) Alimodian, were charged with the crime of murder with assault upon an agent of a person in authority.
The incident occurred on or about March 28, 1958, in the municipality of Barotac Viejo, province of Iloilo, Philippines.
The victim was Corporal Gonzalo Avancena, a policeman on duty, whose death resulted from multiple deep stab wounds.

On a market day in the barrio of Calaigang, Barotac Viejo, a woman “tuba” vendor complained to market fee collector Dionisio Yap regarding a young man, Raul Basbanio, who had apparently taken her merchandise without payment.
The fee collector advised the vendor to seek the assistance of a policeman, and subsequently, Corporal Avancena along with Basbanio were seen together near the market gates.
As they approached the police station, the group halted at a chicken stall where the confrontation escalated.
It was at this location that the assailants surrounded Corporal Avancena, with Basbanio engaging him head-on and the Alimodian brothers attacking him from behind.

Raul Basbanio commenced the attack by stabbing Avancena directly, while Reynaldo and Demetrio Alimodian stabbed him at the back.
During the struggle, Avancena was seen holding his revolver; however, amidst the assault, his gun was wrested away and eventually handed over to Basbanio by Demetrio Alimodian.
Despite his attempts to escape, Avancena, grievously wounded by several stab wounds, staggered towards a nearby police outpost but ultimately collapsed and died.
Patrolmen present at the scene observed physical evidence such as blood-smeared shirts on the accused and recovered weaponry (a butcher’s knife and a revolver), which testified to the fierce struggle.

The initial investigation was marked by rapid apprehension: patrolman Donato Aniversario encountered the accused, collected the weapons, and ensured their detention.
An autopsy performed by Dr. Trinidad Lumampao revealed seven deep, penetrating stab wounds inflicted in different areas:

A wound above the right nipple penetrating into the middle lobe of the right lung.
A wound on the right lateral side between the 8th and 10th ribs, involving a cut on the 9th rib and penetration of the liver.
A wound over the left scapular region affecting the left lung.
Additional wounds on the back and left lateral side that further injured the right lung, stomach, and other vital organs.

The autopsy report indicated that the wounds were caused by at least three different kinds of instruments, suggesting a coordinated attack by more than one assailant.

He was assaulted by Corporal Avancena after a verbal altercation and physical assault, which led him to defend himself with his butcher’s knife.
Basbanio further testified that the deadly action ensued when Avancena threatened him, drawing his revolver.
He maintained that he alone inflicted the fatal wound while alleging that Reynaldo Alimodian attempted to dissuade him, and his subsequent attack on Reynaldo was in response to the anticipated assistance to Avancena.

Defense witnesses, including Ana Mermejo, sought to corroborate Basbanio’s account; however, Reynaldo and Demetrio Alimodian, though denying complicity, ultimately corroborated parts of Basbanio’s version.
Prosecution witnesses, with no apparent bias, provided clear and direct testimonies about the incident, including witnessing the struggle and the location of the wounds.
Additional evidence such as the recovered weapons, bloodstains, and the physical condition of the accused at the time of apprehension further strengthened the prosecution’s account.

After a trial during which evidence and testimonies were rigorously presented, the trial court found the accused guilty beyond reasonable doubt of the complex crime charged.
The court sentenced each defendant to suffer the maximum penalty (death), imposed additional accessory penalties (including compensation to the heirs of Corporal Avancena), and levied costs.
The defendants appealed the decision, relying on their self-defense claim and arguing non-participation in the fatal assault.

Whether the evidence sufficiently established that the accused acted in concert and with treachery in the assault on Corporal Avancena.
Whether the autopsy findings, indicating multiple stab wounds inflicted by at least three different instruments, preclude the possibility of self-defense.

The weight to be accorded to the prosecution’s eyewitness testimonies versus the conflicting accounts of the defense witnesses concerning who initiated the attack.
Whether the voluntary surrender and statements made by Raul Basbanio regarding self-defense can mitigate his criminal liability.

Whether the elements of premeditation, treachery, and coordinated assault fulfill the definition of the complex crime of murder with assault upon an agent of a person in authority under the Revised Penal Code.
Whether the involvement of multiple assailants warrants joint and several liability for the charged offense.

Whether the mitigating circumstance of voluntary surrender is sufficient to reduce the mandatory maximum penalty as provided in Article 48 of the Revised Penal Code, or if the nature of the crime absorbs such consideration.
The appropriateness of imposing the death penalty (or its legal equivalent of redusion perpetua) given the gravity and deterrence objective of the offense.