Case Digest (G.R. No. 143435-36)
Facts:
On June 7, 1999 in Quezon City, Alex Flores y Lopez, a co-worker of the brothers Gery Quezon and Sony Quezon, suddenly stabbed Sony while the two were sleeping in a construction site; Gery then heard Sony shouting and the accused thereafter stabbed Gery twice, which the latter parried, after which the accused fled and was later apprehended near the Baliwag Transit by security guard Rotelo Miro. Dr. Tomas Suguitan’s autopsy showed Sony died from a chest stab wound that fractured the sternum and pierced the pericardial sac and ascending aorta, while Dr. Aida Ico treated Gery’s stab and laceration injuries.
The RTC, Quezon City Branch 95, convicted the appellant for attempted murder (Crim. Case No. Q-99-84269) and murder (Crim. Case No. Q-99-84270), sentencing him to reclusion perpetua for murder, and awarded only death indemnity; the appellant appealed, imputing inconsistencies in Gery’s testimony and claiming self-defense.
Issues:
- Whether the appellant was entitled to acquittal on the ground of self-defense.
- Whether the trial court correctly appreciated treachery.
- Whether the appellant was properly credited with voluntary surrender.
- Whether the proper civil liabilities and damages were awarded.
Ruling:
The Court held that the appellant failed to prove self-defense with clear and convincing evidence, and it sustained the RTC’s findings as to liability, but modified the conviction for the murder case to homicide and the attempted murder case to attempted homicide.
The Court rejected treachery for lack of proof of preparations or that the aggression commenced in a manner supporting treachery, and it denied the mitigating circumstance of voluntary surrender because the appellant fled and was arrested when police authorities arrived. It also adjusted the civil liabilities, awarding temperate damages of P25,000.00 to Sony’s heirs and moral damages of P10,000.00 to Gery.
Ratio:
On self-defense, the Court noted that after the stabbing the appellant fled from the situs criminis and did not surrender or report the killing as self-defense, and that police found the knife used near the scene but no pieces of wood; it also pointed out contradictions in the appellant’s testimony regarding who hit him and where, and that the laceration on his cheek was not conclusive proof of unlawful aggression. The Court accorded weight to the prosecution evidence and the medical findings showing the victim’s fatal knife wound and Gery’s stab wounds from parrying the accused’s thrusts.
On treachery, the Court ruled that killings at the spur of the moment are not treacherous and that treachery could not be appreciated because the witness did not see the commencement of the assault and there were no particulars on how the aggression began. On voluntary surrender, the Court held it requires spontaneity and intent to surrender unconditionally, which the appellant lacked because he fled and was apprehended near Baliwag Transit upon arrival of the police. Finally, it applied the Civil Code on moral damages for physical injuries in a criminal offense and awarded temperate damages for the homicide case notwithstanding the prosecution’s failure to prove actual damages.
Doctrine:
- Self-defense must be proven by the accused with clear and convincing evidence showing unlawful aggression, reasonable necessity of the means employed, and lack of sufficient provocation.
- (Get Pro to unlock 4 more doctrines)