G.R. No. 172606 - People vs. Nugas y Mapait

People of the Philippines as Plaintiff-Appellee and Melanio Nugas y Mapait as Accused-Appellant.
Case reviewed by the Court on appeal from the Court of Appeals decision affirming the Regional Trial Court conviction; decision promulgated March 8, 2006; direct appeal referred to the Court of Appeals per People v. Mateo.

Original information charged Jonie Araneta y Nugas with murder for the stabbing death of Glen Remigio on March 26, 1997 (Records, p. 1).
On April 7, 1998 the information was amended to include Melanio Nugas y Mapait as a co-principal, alleging conspiracy, evident premeditation, treachery, and advantage of superior strength (Records, pp. 1, 47).
Upon arraignment on June 9, 1998, Araneta and Nugas pleaded not guilty, both assisted by counsel de officio (Records, p. 47).

During trial, Araneta offered to change his plea and pleaded guilty as an accomplice in homicide.
On July 19, 1999 the RTC accepted Araneta’s plea bargaining with the State Prosecutor’s conformity and the heirs’ consent, convicted him as an accomplice in homicide, and sentenced him to an indeterminate penalty of two years, four months and one day of prision correccional to eight years and one day of prision mayor (Records, pp. 67, 144-145).

On March 26, 1997 at about 9:00 p.m., Glen Remigio, his wife Nila, and their two children were traveling in a Tamaraw FX along Marcos Highway in COGEO, Antipolo (Records).
Two men signaled for a ride at Carolina Village; Glen allowed them to board at the rear, one carrying a maroon plastic bag (Records).
Near Masinag Market the two men brandished knives at Glen and Nila, warned them not to move, and demanded to be brought to Sta. Lucia Mall (Records).
At Kingsville Village the man seated behind Glen suddenly stabbed Glen in the neck; the assailants then alighted and fled (Records).
Glen pulled the knife from his neck, handed it to Nila, attempted to drive to a hospital, collapsed en route causing the vehicle to run over two pedestrians, and was later rushed to a nearby hospital where he died despite treatment (Records, pp. 196-228).

Nila found at the rear seat the knife, its scabbard, and the maroon plastic bag; she turned these over to police (Records).
The maroon plastic bag contained NBI and police clearances, SSS papers, official receipts in Araneta’s name, a stainless fork knuckle, and keys (Records, pp. 196-222).
The knife, the maroon plastic bag and contents, the medico-legal report No. M-0406-97, and Araneta’s sworn statement implicating Nugas were admitted in evidence (Records, pp. 223-227).

Autopsy opined a single fatal stab wound on the left side of the neck penetrating the left lung apex and transecting the left common carotid artery; immediate cause of death was hemorrhage from the stab wound (Medico-Legal Report No. M-0406-97, Records, p. 226).
The autopsy noted that if the assailant used his left hand he was probably directly behind the victim; if right-handed he had to be to the extreme left of the victim (Records, p. 226).
During trial, Nila identified Melanio Nugas y Mapait as the person who sat behind Glen and stabbed him, and identified Araneta as the person who sat behind her and carried the maroon plastic bag (trial testimony).

Melanio Nugas y Mapait admitted stabbing Glen but claimed self-defense.
He testified the Tamaraw FX was a passenger taxi; he and Araneta boarded at Gate 1 w...(Subscriber-Only)

Whether the Court of Appeals properly affirmed the RTC conviction of Melanio Nugas y Mapait for murder.

Whether the justifying circumstance of self-defense was established by Melanio Nugas y Mapait.

Whether unlawful aggression on the part of the victim was present.
Whether the accused proved reasonable necessity and lack of sufficient provocation.

Whether the attendant circumstance of treachery was proven to elevate the ...(Subscriber-Only)