Facts:

The case involves Larry Lumahang y Talisay (appellant) as the accused in a criminal case against the People of the Philippines. The events transpired on December 14, 2008, in Quezon City, Philippines, where two Informations were filed against Lumahang for the crimes of Murder and Slight Physical Injuries. The first Information (Criminal Case No. Q-08-156459) accused him of stabbing Augusto Pornelos with intent to kill, while the second Information (Criminal Case No. Q-08-156460) charged him with the murder of Rodel Velitario, who sustained multiple stab wounds leading to his death.

On the night of the incident, Lumahang, along with his cousin, was attending a wake when he confronted a group of five intoxicated bystanders, including Velitario and Pornelos, who allegedly harassed his cousin. Lumahang claimed he was defending his cousin when he was attacked, resulting in a struggle where he allegedly stabbed both victims. The prosecution's case relied heavily on the eyewi...

Facts:

Incident Overview: On December 14, 2008, Larry Lumahang y Talisay (Lumahang) was accused of stabbing Augusto Pornelos and killing Rodel Velitario during a wake in Quezon City. Two Informations were filed against Lumahang: one for the attempted murder of Pornelos and another for the murder of Velitario.

Prosecution's Version:

• Lumahang appeared at the wake, approached Pornelos from behind, and stabbed him in the buttocks. Pornelos managed to escape.
• Lumahang then turned to Velitario and stabbed him multiple times, causing fatal injuries.
• Medical examinations confirmed that Velitario died from multiple stab wounds, while Pornelos sustained non-fatal injuries requiring seven days of treatment.

Defense's Version:

• Lumahang claimed he was defending his cousin from harassment by a group, including Velitario and Pornelos, who were under the influence of alcohol.
• He alleged that one of the group members stabbed him in the thigh, and he grappled for the knife before escaping.
• Lumahang denied stabbing anyone and claimed he was surprised by the charges.

Trial Proceedings:

• Lumahang pleaded not guilty during arraignment.
• The Regional Trial Court (RTC) convicted Lumahang of Murder for Velitario's death and Less Serious Physical Injuries for Pornelos' injury.
• The Court of Appeals (CA) affirmed the RTC's decision but downgraded the charge for Pornelos' injury to Slight Physical Injuries.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Guilt Beyond Reasonable Doubt:

   • The Court upheld the credibility of the prosecution's eyewitness, Alberto Poraso, who positively identified Lumahang as the assailant.
   • Lumahang's defense of denial and claim of defense of relative were rejected. The defense failed to prove unlawful aggression, a necessary element for invoking defense of relative.
   • Denial is inherently weak and cannot prevail over positive identification by a credible witness.

2. Qualifying Circumstance of Treachery:

   • Treachery was present in the attack on Pornelos, as it was sudden and from behind, leaving him no opportunity to defend himself.
   • However, treachery was not proven in Velitario's killing. The attack was frontal, and Velitario had the opportunity to defend himself or escape, even if he failed to do so.
   • The Court emphasized that treachery requires proof that the mode of attack was deliberately chosen to ensure the victim's defenselessness, which was not established in Velitario's case.

3. Mitigating Circumstance of Voluntary Surrender:

   • Lumahang voluntarily surrendered to barangay officials on the night of the incident, satisfying the requisites for voluntary surrender as a mitigating circumstance.

4. Penalties and Damages:

   • For Homicide, Lumahang was sentenced to an indeterminate penalty of 8 years and 1 day of prision mayor as minimum, to 13 years and 10 months of reclusion temporal as maximum.
   • For Slight Physical Injuries, Lumahang was sentenced to 20 days of arresto menor.
   • The Court modified the damages awarded to Velitario's heirs to P50,000 each for civil indemnity, moral damages, and temperate damages.

Conclusion:

The Supreme Court affirmed Lumahang's conviction but downgraded the charge for Velitario's death from Murder to Homicide due to the absence of treachery. The Court upheld the conviction for Slight Physical Injuries and recognized the mitigating circumstance of voluntary surrender.