Case Summary (G.R. No. 135701)
Criminal Charge and Proceedings
Elbert Callet was charged with murder under Article 248 of the Revised Penal Code. The prosecution alleged that he had intent to kill, evident premeditation, and treachery when he stabbed Alfredo Senador. Callet entered a plea of not guilty during his arraignment on June 11, 1997.
Evidence Presented
During the trial, eyewitness testimonies were provided by several individuals, including Dr. Rogelio Kho (who performed the autopsy), Lecpoy Senador (the victim's son), Eduardo Perater, and others. The prosecution's evidence indicated that Callet approached Alfredo from behind while he was seated and fatally stabbed him with a hunting knife.
Defense Narrative
The defense asserted that a confrontation ensued between Callet and Alfredo after Alfredo accidentally hit Callet’s side with his elbow during a volleyball game. Callet claimed that Alfredo threatened him and attempted to draw his own knife, prompting Callet to stab him first in self-defense. Testimonies from the defense included that of Barangay Captain Dominador Calijan and PO3 Roy Balasabas, who recounted the events following the stabbing.
Court’s Findings on Witness Credibility
The trial court found the eyewitness accounts by Lecpoy Senador and Eduardo Perater to be credible despite the defense's attempts to discredit them, citing the witnesses’ clear recollection of events and the lack of motive to provide false testimony. The testimonies of impartial witnesses strengthened the prosecution's case.
Analysis of Treachery and Self-Defense
The trial court determined that the stabbing exhibited treachery, as Callet attacked Alfredo from behind, preventing him from defending himself. The court found that the evidence did not substantiate Callet's claim of self-defense, as he failed to demonstrate the necessary elements: unlawful aggression, reasonable necessity of the defensive means, and lack of provocation.
Conclusion on Guilt and Sentencing
The trial court concluded that treachery qualified the crime as murder and not just homicide. Although evident premeditation was not proven, the act's nature sufficed to secure a murder conviction. Consequently, the court sentenced Callet to rec
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Case Overview
- The case concerns Elbert Callet y Sabanal, accused of murder for the stabbing of Alfredo Senador on September 15, 1996, at a flea market in Barangay Tambulan, Tayasan, Negros Oriental.
- The Regional Trial Court of Negros Oriental, Dumaguete City, Branch 30, charged Callet with murder under Article 248 of the Revised Penal Code.
- The accused pled not guilty upon arraignment on June 11, 1997.
Facts of the Case
- On the afternoon of the incident, Alfredo Senador, his 12-year-old son Lecpoy, and Eduardo Perater were present at a flea market, observing a game of cara y cruz.
- Elbert Callet approached Alfredo from behind and stabbed him with a 9-inch hunting knife, causing a fatal injury near the base of the neck.
- Alfredo attempted to walk after being stabbed but collapsed shortly thereafter and died from severe hemorrhage and irreversible shock as determined by Dr. Rogelio Kho, who performed the autopsy.
Prosecution's Evidence
- Witnesses for the prosecution included Dr. Rogelio Kho, Lecpoy Senador, Eduardo Perater, Manuel Gabonales, and Francisca Senador.
- Testimonies indicated that there was no prior altercation before the stabbing and that the attack was sudden and unexpected, showing treachery on the part of the accused.
- Lecpoy and Eduardo provided consistent accounts identifying Callet as th