Case Summary (G.R. No. 114917)
Applicable Law
The case is governed by the Revised Penal Code of the Philippines, specifically Article 249 concerning homicide, and Article 248 pertaining to murder. The assessment of relevant circumstances and defenses, such as self-defense and the mitigating factors associated with the penalty, is also guided by Philippine jurisprudence.
Procedural History and Charges
Petitioner was charged on October 15, 1989, with murder for allegedly killing Oliver Diaz on August 1, 1989. After entering a plea of not guilty on December 4, 1989, petitioner later sought to change his plea to guilty for the lesser offense of homicide, which was opposed by the victim's mother. Following a full trial, the Regional Trial Court convicted him of homicide, resulting in a sentence of imprisonment and civil indemnity. His appeal to the Court of Appeals affirmed the lower court's ruling.
Nature of the Incident
The incident involved a confrontation wherein Lucibar allegedly stabbed Oliver Diaz following a quarrel involving various family members on both sides. Eyewitness testimony provided by Miraflor Salvero indicated Lucibar unexpectedly attacked Oliver from behind with a knife. Conversely, Lucibar claimed to have acted in self-defense during an assault against his brother, stating he only picked up the knife to protect himself from Oliver, who was allegedly armed with a club.
Credibility of Witnesses
Petitioner challenged the credibility of the prosecution’s eyewitness, Miraflor Salvero, claiming she was biased due to her relationship with the victim's family. However, the appellate court maintained that mere familial ties did not inherently undermine the credibility of a witness. The courts emphasize the trial judge's unique position to assess a witness's credibility based on demeanor and behavior, absent compelling evidence of bias.
Claims of Self-Defense and Defense of a Relative
Petitioner's assertions of incomplete self-defense and defense of a relative were considered but ultimately rejected. The courts noted that the prosecution effectively demonstrated that the victim was not posing an imminent threat when he was attacked. The required element of unlawful aggression from the victim was absent, as the victim appeared to be retreating rather than attacking when stabbed. Petitioner’s injuries were deemed insufficient to establish a claim for self-defense, as they did not indicate a life-threatening assault.
Voluntary Surrender
Petitioner also claimed a mitigating circumstance of voluntary surrender, arguing he disclosed himself to authorities out of fear for his safety after fleeing the scene. However, the appellate court found this assertion lacking in credibility, indicating he had not surrendered but instead awaited police intervention in Bais City. The established criteria for voluntary surrender were not met, negating this claim for mitigation.
Assessment of Penalty
Petitioner sought a reduced pena
...continue readingCase Syllabus (G.R. No. 114917)
Case Overview
- The case involves an appeal by Lucibar Roca y Bondario against the Decision of the Court of Appeals affirming his conviction for homicide.
- The case is presented under G.R. No. 114917, with the decision rendered on January 29, 2001.
- The petitioner seeks modification of the penalty rather than acquittal, aiming for eligibility for probation.
Background of the Case
- Petitioner was originally charged with murder through an Information dated October 15, 1989, alleging that he stabbed Oliver Diaz with intent and treachery, resulting in Diaz's death.
- During arraignment on December 4, 1989, Roca initially pleaded not guilty but later expressed willingness to plead guilty to a lesser charge of homicide during pre-trial.
- The victim’s mother objected to the plea, leading to a trial where the prosecution relied heavily on eyewitness testimony.
Eyewitness Testimony
- The key witness for the prosecution, Miraflor Salvero, provided a detailed account of the incident, stating she witnessed the stabbing at approximately 4:00 PM on August 1, 1989.
- Salvero described how Oliver Diaz was suddenly attacked and stabbed by Roca with a Batangas knife, leading to Diaz's eventual death despite emergency treatment.
Petitioner's Defense
- Roca claimed he acte