G.R. No. 109814 - People vs. Maalat y Fajardo

On March 23, 1986, at about 1 to 2 o’clock in the afternoon, the accused Fernando Maalat (alias "Boy Tachi") suddenly entered the residence of Roberto Cruz.
Without warning, he stabbed Roberto Cruz while the latter was asleep on the living room floor beside the television set.

Roberto Cruz’s son, Berniel, witnessed the attack and shouted "Nanaya" thrice, thereby alerting family members.
Roberto’s wife, Imelda, immediately came out from the adjacent kitchen and saw her husband pushing the accused while an attempt was made to stab him again.
Despite Roberto’s escape to the nearby house of his mother-in-law, where the door was locked behind him, Roberto later succumbed to his injuries.

On April 29, 1986, the accused was surrendered to police by his uncle-in-law after his wife warned him that the police were pursuing him.
Dr. Marcial Cenido, who performed the autopsy, testified that the cause of death was a penetrating, perforating stab wound on the left anterolateral thorax inflicted by a pointed bladed weapon.

The accused claimed he acted in self-defense after being informed by Edmund Carayat that Roberto Cruz was hunting him, allegedly because of a previous incident involving the stabbing of Edmund’s brother, Edwin.
Upon confronting Roberto Cruz at his home for clarification, an altercation ensued wherein:

Roberto allegedly branded the accused as a traitor and attempted to strangle him while wielding a knife.
The accused parried the strangling attack with his left arm and kicked the hand of the victim that was holding the knife.
He subsequently picked up the dislodged weapon and stabbed Roberto Cruz.

The accused stated that he refrained from inflicting a fatal blow when he noticed Roberto’s son and later when Roberto’s wife intervened, claiming concern for their safety.
After the incident, the accused went into hiding in Pampanga for a month before voluntarily surrendering for his own protection.

Fernando Maalat was charged with murder before the Regional Trial Court (RTC) of Manila, Branch VII.
On February 24, 1993, Judge Ed Vincent Albano rendered judgment finding the accused guilty beyond reasonable doubt of murder under Article 248 of the Revised Penal Code, qualified by treachery and the fact that the murder was committed in a dwelling without mitigating circumstances.
The RTC sentenced him to reclusion perpetua, ordered the payment of P50,000.00 as compensatory damages to the victim’s heirs, and imposed costs of suit.

That the lower court erred in failing to consider his claim of self-defense.
That even assuming his act could be seen as not justifying acquittal, the RTC wrongfully convicted him of murder instead of homicide by not considering the possibility of incomplete self-defense combined with the mitigating circumstance of voluntary surrender.

In support of his self-defense claim, the accused contended that he was about to be strangled and that his actions were a necessary response to an imminent threat.
However, the testimonial evidence—especially that of Roberto Cruz’s son and wife—corroborated that the victim was asleep and unsuspecting at the time of the stabbing.

Whether the accused’s act of stabbing Roberto Cruz can be justified as self-defense.

Whether there was an actual instance of unlawful aggression on the part of Roberto Cruz.
Whether the means employed by the accused were reasonably necessary to avert an imminent threat.

Whether, even assuming some element of self-defense, the accused’s actions were still excessive, thereby warranting a conviction for murder rather than homicide.

Whether the accused’s conduct after disarming the victim transformed him into the aggressor.
Whether his desire to further stab the victim negated any self-defense claim.

Whether the trial court properly evaluated and credited the mitigating circumstance of voluntary surrender in determining the appropriate penalty.

Whether the surrender was spontaneous, unconditional, and reflective of true repentance.

Whether the lower court erred in not considering or misapplying the doctrine of incomplete self-defense in reducing the criminal liability from murder to homicide.