G.R. No. 114917 - Roca y Bondario vs. Court of Appeals

On or about August 1, 1989, in Dumaguete City, petitioner Lucibar Roca y Bondario was involved in an incident resulting in the stabbing death of Oliver Diaz.
The initial charge was for murder with qualifying circumstance of alevosia, as set forth in the Information dated October 15, 1989, accusing petitioner of wilfully, unlawfully, and feloniously attacking the victim with a deadly weapon (a knife).
Despite the charge for murder, at the pre-trial conference, petitioner elected to plead guilty to the lesser offense of homicide with mitigating circumstances.

The trial was largely built on the testimony of eyewitness Miraflor Salvero, who observed the events near the residence of the victim’s family.

Salvero testified that on the afternoon of August 1, 1989, she saw Oliver Diaz being suddenly stabbed by the accused as he turned a blind corner.
Her account described the sequence of events leading up to the victim being aided and transported to a hospital, where he later died.

Petitioner presented his own version of the incident claiming incomplete self-defense and defense of a relative.

He claimed that while at a majong game, he heard a commotion near the residence of his brother, Sergio Roca, Jr., who was being attacked by members of the Diaz family.
He stated that after coming to the scene, he became involved in the melee and, upon encountering the victim, who allegedly attacked him, he picked up a knife and stabbed the victim.
Following the incident, petitioner described a series of events including hiding, seeking medical treatment, traveling to Bais City, and eventually surrendering to the police for fear of reprisal from the victim’s relatives.

The trial court found petitioner’s account to be improbable and inconsistent, noting evasiveness and hesitation on his part during testimony.
Based on the available evidence, particularly Salvero’s consistent eyewitness testimony, the trial court convicted petitioner of homicide.
The judgment imposed an indeterminate penalty ranging from six years and one day of prision mayor to twelve years and one day of reclusion temporal, along with the payment of civil indemnity to the victim’s heirs.

Petitioner appealed the decision and later filed a motion for reconsideration, seeking a modification of the penalty to enable probation.
The Court of Appeals affirmed the lower court’s decision and denied the motion for reconsideration, prompting petitioner to elevate the case by certiorari.

Whether Miraflor Salvero, despite her familial relationship (common-law wife of the victim’s brother), is a credible and belief-worthy witness.
Whether her testimony should be discounted due to any alleged bias arising from her relationship to the victim.

Validity of the Defense Claim (Incomplete Self-Defense/Defense of a Relative)

Whether petitioner’s actions in stabbing the victim can be justified as incomplete self-defense.
Whether the defense of a relative is applicable given the facts surrounding the neighborhood quarrel and the ensuing melee.

Whether petitioner’s actions—fleeing to Bais City and later allowing the police to fetch him—constitute a voluntary surrender that qualifies as a mitigating circumstance.

Whether the penalty imposed in RTC Criminal Case No. 8982 should be modified to allow for probation given the mitigating circumstances presented, specifically the plea of guilt alongside claims of incomplete self-defense and voluntary surrender.