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PHILIPPINE SUPREME COURT DECISIONS

THIRD DIVISION

[G.R. No. 128281. May 30, 2000.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CARLITO SARAGINA @ "CARLING", Accused-Appellant.

D E C I S I O N


GONZAGA-REYES, J.:


This is an appeal interposed by accused Carlito Saragina @ "Carling" from the Decision 1 dated January 17, 1997 of the Regional Trial Court (RTC) of Kalookan City, Branch 127 in Criminal Case No. C-40993 finding him guilty beyond reasonable doubt of the crime of murder.

An Information for Murder was filed against accused Carlito Saragina @ "Carling" (CARLITO) and William Langcuyan (at large) as follows:jgc:chanrobles.com.ph

"That on or about the 1st day of April, 1992 in Kalookan City, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused, conspiring together and mutually helping with each other, without any justifiable cause, with deliberate intent to kill, with treachery and evident premeditation, did then and there wilfully, unlawfully and feloniously attack and stab with the use of two (2) butcher knives one ANTONIO VULPANGCO Y HULATON on the different parts of his body, thereby inflicting upon the latter serious physical injuries, which injuries eventually caused his death." 2

Upon arraignment, Accused CARLITO with the assistance of counsel entered a plea of not guilty. 3

The RTC summarized the facts as culled from the testimonies of the witnesses presented by the prosecution as follows:jgc:chanrobles.com.ph

"That at around 5:45 p.m. of 1 April 1992 Victim ANTONIO VULPANGCO Y HULATON (Victim for short) was at his barbecue stand located in Purok IV, Kawal St., Dagatdagatan, preparing the charcoal for his barbecue and beside him was his wife herein Private Complainant PELAGIA TRIGO-VULPANGCO (Private Complainant for short) watching TV when the Accused CARLITO SARAGINA (Accused for short) suddenly appeared from nowhere and simultaneously asked his companion, herein Accused WILLIAM "BONG" LANGCUYAN "Sino ang nakaaway ng nanay mo", to which the latter responded by pointing to the person of Victim with the motion of his lips. Thereupon Accused SARAGINA armed with knives in both hands rushed to the direction of victim and at this precise moment MERCEDITA MARTIN who was then nearby watching basketball game was able to see the event and sensing what was forthcoming warned the victim by shouting "Tiyong takbo" prompting the latter to run but was overtaken after a brief chase by Accused SARAGINA who forthwith stabbed Victim at right side of his back below the armpit . Despite his injuries, Victim was able to run a short distance to the nearby alley where he fell down fact up to the ground. Accused . pursued Victim and was about to enter the door of a certain house on the mistaken belief that Victim took refuge thereat if not for the warning shout of his co-Accused WILLIAM LANGCUYAN "hindi diyan Tiyong" prompting Accused to proceed to the alley which was the direction pointed to by his cohort and finding victim thereat lying prostrate on the ground hacked the latter on the face causing his instantaneous death. Forthwith both Accused SARAGINA and LANGCUYAN fled from the crime scene right after the latter had uttered "Tiyong takbo na." 4

On January 17, 1997, the RTC found the accused guilty beyond reasonable doubt of the crime of murder the dispositive portion of the decision reads:jgc:chanrobles.com.ph

"WHEREFORE premises considered and the prosecution having established beyond an iota of a doubt the guilt of the accused CARLITO SARAGINA of-the crime of Murder, this Court hereby sentences said Accused to suffer the penalty of Reclusion Perpetua; to indemnify the heirs of the late ANTONIO VULPANGCO the amount of P50,000.00 without any subsidiary imprisonment in case of insolvency and to pay the costs.

The period of Accused’s preventive imprisonment shall be credited in full in the service of his sentence pursuant to Art. 29 of the Revised Penal Code.

Let the case against Accused WILLIAM LANGCUYAN be archived without prejudice to its revival if he would be arrested later on

SO ORDERED." 5

Hence the present appeal where the accused-appellant assigns the following errors allegedly committed by the trial court:chanrob1es virtual 1aw library

I. THE TRIAL COURT GRAVELY ERRED IN NOT GIVING EXCULPATORY WEIGHT TO THE DEFENSE INTERPOSED BY THE ACCUSED- APPELLANT.

II. THE TRIAL COURT GRAVELY ERRED IN APPRECIATING THE QUALIFYING CIRCUMSTANCE OF TREACHERY DESPITE FAILURE OF THE PROSECUTION TO PROVE ITS ATTENDANCE IN THE COMMISSION OF THE CRIME CHARGED. 6

The accused-appellant contends that the RTC erred in not giving weight to his claim that he acted in self-defense when he stabbed Antonio Vulpangco (VULPANGCO). He maintains that when he confronted VULPANGCO regarding the complaint of his sister, VULPANGCO got angry and picked up a knife to stab him. He was able to grab VULPANGCO’s hand and they grappled for possession of the same. After he was able to successfully wrest the knife away from VULPANGCO, he stabbed the latter in defense. The accused-appellant maintains that it was necessary for him to stab VULPANGCO in order to repel the agression against him.

It is further contended by the accused-appellant that the witnesses of the prosecution namely, Pelagio Trigo Vda. De Vulpangco and Editha Trigo were biased and not credible witnesses. The RTC should not therefore have given full weight and credence to their testimonies.

The accused-appellant claims that, assuming for the sake of argument that he stabbed the victim not in the act of legitimate self-defense, the RTC erred in convicting him of the crime of murder in the absence of clear and convincing evidence that treachery attended the commission of the crime. In finding the presence of treachery, the RTC merely inferred the attendance thereof since the attack on the victim was sudden and unexpected. The accused-appellant prays that the decision of the RTC be reversed and that he be acquitted of the crime charged.

The appellee, on the other hand, posits that the guilt of the accused-appellant was proved beyond reasonable doubt and that he is guilty of the crime of murder.

The Solicitor General argues that the claim of the accused-appellant that he acted in self-defense is untenable considering that it was incumbent on the accused-appellant to prove clearly and convincingly that the killing of VULPANGCO was justified and that he incurred no liability therefor. This he failed to do. Moreover, self-defense is an affirmative allegation all the elements of which must be established with certainty. The accused-appellant’s reliance on his sister’s testimony which aside from being self-serving, only proves provocation on the part of VULPANGCO and does not prove self-defense. Besides, the fact that the accused fled the scene of the crime negates the justifying circumstance of self-defense. Further, evidence reveals that when the accused-appellant stabbed VULPANGCO the first time, VULPANGCO managed to run away but the accused-appellant, resolute in his purpose to kill him, chased and stabbed him again. Clearly, this negates self-defense.

The appellee however agrees with the accused-appellant that treachery was not proved and that the RTC based its finding on inferences and not on conclusive proof. Moreover, the assault on VULPANGCO cannot be characterized as sudden and unexpected inasmuch as he was forewarned of the impending danger against him and that he was able to run from the Accused-Appellant. The appellee submits however that the crime committed by the accused-appellant is still murder since evident premeditation, which was alleged in the information, was sufficiently proved. It was established that the accused- appellant learned that VULPANGCO was harassing his sister, Ester Langcuyan (ESTER), by uttering malicious remarks against her and showing his private part to her when he was drunk a week before he assaulted VULPANGCO. One week was more than sufficient time for him to think and reflect upon his determination to carry out his criminal intent. The appellee therefore recommends that the decision of the RTC be affirmed.

After a careful and meticulous review of the evidence on record, we resolve to affirm the RTC’s judgment of conviction.

The accused-appellant admits that he stabbed and killed VULPANGCO but claims that he acted in self-defense. Because of this claim, the burden of proof was shifted to the accused-appellant to establish by clear and convincing evidence the elements thereof, namely: (a) unlawful aggression on the part of the victim; (b) reasonable necessity of the means employed to prevent and repel it; and, (c) lack of sufficient provocation on the part of the person defending himself. 7

Foremost of the above requisites is that the victim was guilty of unlawful aggression; the absence of this requisite negates the existence of self-defense. 8 Evidence must positively show that there was a previous unlawful and unprovoked attack on the person of the accused which placed him in danger and justified him in inflicting harm upon his assailant through the employment of reasonable means to repel the aggression. 9

In the present case, the evidence clearly establishes that VULPANGCO was not guilty of unlawful aggression. On the contrary, it was the accused-appellant who was guilty of the sudden and unprovoked attack. Principal prosecution witness, Mercedita Martin (MARTIN), a Barangay Kagawad, narrated the events leading to the killing Of VULPANGCO and positively identified the accused-appellant as the assailant in her testimony the pertinent portions of which are quoted as follows:jgc:chanrobles.com.ph

"PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Do you recall where were you on April 1, 1996 at about 5:45 p.m.?

WITNESS:chanrob1es virtual 1aw library

In the Plaza of Purok 4.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Do you recall if there was untoward incident that happened on that date?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

What was that?

WITNESS:chanrob1es virtual 1aw library

Carlito Saragina stabbed Antonio Volfangco.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

You said that the accused Carlito Saragina stabbed Antonio Volfangco, is that correct?

ATTY. BASA:chanrob1es virtual 1aw library

Leading, Your Honor.

COURT:chanrob1es virtual 1aw library

Sustained.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

You testified that you witnessed the stabbing incident of Antonio Volfangco, is that correct?

ATTY. BASA:chanrob1es virtual 1aw library

Leading also, Your Honor.

COURT:chanrob1es virtual 1aw library

He is asking whether the previous statement of the witness is correct or not to the effect that he saw the stabbing of the victim by the accused.

ATTY. BASA

Still leading, Your Honor.

COURT:chanrob1es virtual 1aw library

He is asking if that is true a follow-up of the previous answer?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Do you know the accused personally stabbed Antonio Volfangco?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Is he present right now?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Will you please point to him?

INTERPRETER:chanrob1es virtual 1aw library

Witness standing and point to a person who rose and gave his name as Carlito Saragina.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

What is your relative distance from the stabbing incident?

WITNESS:chanrob1es virtual 1aw library

Two arms length.

PROSECUTOR UBALDO

Did you see what instrument the accused used?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Can you tell the Honorable Court?

WITNESS:chanrob1es virtual 1aw library

A knife with yellow handle measuring a ruler and another knife more than one (1) foot long.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Can you tell the Honorable Court how the accused stabbed the victim?

WITNESS:chanrob1es virtual 1aw library

He used his right hand.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Did you see which part of the body of the victim was hit?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Where?

WITNESS:chanrob1es virtual 1aw library

Below the right armpit.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

After he was hit below the right side of his body below the armpit, what happened?

WITNESS:chanrob1es virtual 1aw library

He faced up and then he was able to enter the house of our neighbor. When he heard the shout of Bong "Not in there Tiyong? (Hindi diyan Tiyong) and then I saw him re-entered the alley where Volfangco was lying and he hacked Volfangco on his face.

COURT:chanrob1es virtual 1aw library

Why the victim was able to run after the first stabbing.

WITNESS:chanrob1es virtual 1aw library

He was able to walk about three steps before he fell down.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

What did the accused Carlito Saragina do after the victim was able to run three (3) feet from the first stabbing?

WITNESS:chanrob1es virtual 1aw library

He followed in the alley and when he saw the victim lying face down he hacked him on the face.

PROSECUTOR BALDO:chanrob1es virtual 1aw library

After the accused hit the victim on the face what happened?

WITNESS:chanrob1es virtual 1aw library

He and Bong ran away.

ATTY. BASA:chanrob1es virtual 1aw library

Who is Bong?

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Is he around?

WITNESS:chanrob1es virtual 1aw library

He is not here.

COURT:chanrob1es virtual 1aw library

What is the full name of that Bong?

WITNESS:chanrob1es virtual 1aw library

William Langcuyan.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Do you know the reason why the accused stabbed the victim?

WITNESS:chanrob1es virtual 1aw library

The only reason I know the sister of Carlito Saragina and the victim engaged in a verbal tussle.

ATTY. BASA:chanrob1es virtual 1aw library

We moved for the striking out of the answer as it is asking for an opinion.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

How did you learn about that fact?

WITNESS:chanrob1es virtual 1aw library

While I was in plaza I heard about it.

COURT:chanrob1es virtual 1aw library

Let it remain in the record as part of the narration.

x       x       x


PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Going back to the incident when the victim was hacked in the face, what happened?

WITNESS:chanrob1es virtual 1aw library

Carlito ran followed by Bong.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

What happened then after that?

WITNESS:chanrob1es virtual 1aw library

When later on the barangay of Barangay 35 arrived and informed us that they accompanied a person. We thought all along they were using Bong.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

So what did you do when you learned that it was Bong that was arrested?

WITNESS:chanrob1es virtual 1aw library

We told someone to call the police and we attended to Bong.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Did the police arrive?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

Then what happened?

WITNESS:chanrob1es virtual 1aw library

We took Bong to them and investigate the incident.

PROSECUTOR UBALDO:chanrob1es virtual 1aw library

What about you, what did you do?

WITNESS:chanrob1es virtual 1aw library

I went with the family of Volfangco to the Funeraria National." 10

On cross-examination, she further elaborated that:jgc:chanrobles.com.ph

"ATTY. BASA:chanrob1es virtual 1aw library

On April 1, 1992 at around 5:45 in the afternoon before the stabbing incident, what was Antonio Volfangco doing?

WITNESS:chanrob1es virtual 1aw library

Fanning the charcoal for. the barbecue.

ATTY BASA:chanrob1es virtual 1aw library

And where is that barbecue stand located?

WITNESS:chanrob1es virtual 1aw library

Plaza of Purok 4.

ATTY. BASA:chanrob1es virtual 1aw library

Are you saying that the barbecue place is fronting the plaza?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA

And where were you at that time?

WITNESS:chanrob1es virtual 1aw library

I was there in the plaza watching the basketball play.

ATTY. BASA:chanrob1es virtual 1aw library

So the barbecue stand was not in front of the street but in front of the plaza?

WITNESS:chanrob1es virtual 1aw library

Also in front of the street.

ATTY. BASA:chanrob1es virtual 1aw library

If the barbecue stand is fronting the street so it is not fronting the plaza because the plaza and the street are different thing.

WITNESS:chanrob1es virtual 1aw library

Also fronting the plaza. The barbecue stand is across the street facing the plaza.

ATTY. BASA:chanrob1es virtual 1aw library

So it turns out now that there is a street between the plaza and the barbecue stand?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA:chanrob1es virtual 1aw library

And how wide is that street?

WITNESS:chanrob1es virtual 1aw library

4 meters wide.

ATTY. BASA:chanrob1es virtual 1aw library

Are you sure of that?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA:chanrob1es virtual 1aw library

And at that time you were in the plaza?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA:chanrob1es virtual 1aw library

Did your husband know of your whereabouts?

WITNESS:chanrob1es virtual 1aw library

He was the one playing basketball that is why I was watching.

ATTY. BASA:chanrob1es virtual 1aw library

So you were in the plaza watching your husband playing basketball, Antonio Volfangco was fanning the charcoal in his barbecue stand, there was a street between the two of you measuring 4 meters in width?

WITNESS:chanrob1es virtual 1aw library

Between me and Antonio Volfangco no, sir. I was in front of the store and Antonio Volfangco was on the other side of the street. We were facing the plaza. I was also across the street where Volfangco was. I was at the corner while he was at the door of the store.

ATTY. BASA:chanrob1es virtual 1aw library

Now, what happened or how did the stabbing began?

WITNESS:chanrob1es virtual 1aw library

Then Carlito Saragina arrived. He was met by Bong who was on the other side by the plaza.

ATTY. BASA:chanrob1es virtual 1aw library

When Carlito arrived, does he carry any bladed weapon?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA:chanrob1es virtual 1aw library

And how many bladed weapon was he carrying?

WITNESS:chanrob1es virtual 1aw library

Two, sir.

ATTY. BASA:chanrob1es virtual 1aw library

And were you not alarm or became apprehensive?

WITNESS:chanrob1es virtual 1aw library

No, I was not. He and Bong talked for a while.

ATTY. BASA:chanrob1es virtual 1aw library

Where did Carlito and Bong talk?

WITNESS:chanrob1es virtual 1aw library

At the other side of the plaza in the end of an alley.

ATTY. BASA:chanrob1es virtual 1aw library

How far was the place where they talked from you?

WITNESS:chanrob1es virtual 1aw library

Three arms length.

ATTY. BASA:chanrob1es virtual 1aw library

And of course you could hear what they were saying?

WITNESS:chanrob1es virtual 1aw library

No, sir. I only saw Bong pointed by means of his lips.

WITNESS:chanrob1es virtual 1aw library

Was it noisy at that time?

WITNESS:chanrob1es virtual 1aw library

Yes, sir, because of the basketball play.

ATTY. BASA:chanrob1es virtual 1aw library

Who are noisy the basketball player or the crowd.

WITNESS:chanrob1es virtual 1aw library

The crowd.

ATTY BASA:chanrob1es virtual 1aw library

Were there many watcher?

WITNESS:chanrob1es virtual 1aw library

Not many.

ATTY. BASA:chanrob1es virtual 1aw library

Around how many?

WITNESS:chanrob1es virtual 1aw library

8 to 10 persons excluding the players.

ATTY. BASA:chanrob1es virtual 1aw library

Did you hear what Carlito and Bong talked about?

WITNESS:chanrob1es virtual 1aw library

No, sir.

ATTY. BASA:chanrob1es virtual 1aw library

What happened next after that?

WITNESS:chanrob1es virtual 1aw library

Carlito Saragina approached the place where Antonio Volfangco was together with Bong.

ATTY. BASA:chanrob1es virtual 1aw library

How far was the place where Carlito and Bong talked from the place of Antonio Volfangco?

WITNESS:chanrob1es virtual 1aw library

Five arms length.

ATTY. BASA:chanrob1es virtual 1aw library

Alright. So Carlito Saragina walked towards Antonio Volfangco with both hands carrying the weapons, am I correct?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA:chanrob1es virtual 1aw library

What happened next?

WITNESS:chanrob1es virtual 1aw library

Words uttered by Carlito Saragina was "Ano Pare umpisahan na natin?"

ATTY. BASA:chanrob1es virtual 1aw library

To whom were those words addressed?

WITNESS:chanrob1es virtual 1aw library

To Antonio Volfangco.

ATTY. BASA:chanrob1es virtual 1aw library

What else did you hear?

WITNESS:chanrob1es virtual 1aw library

I then shouted "Tiyong takbo.

x       x       x


ATTY. BASA:chanrob1es virtual 1aw library

Now what happened to Antonio Volfangco?

WITNESS:chanrob1es virtual 1aw library

Before he entered the alley he was stabbed on the right side.

ATTY. BASA:chanrob1es virtual 1aw library

When Antonio Volfangco was hit and stabbed did he fell down the ground?

WITNESS:chanrob1es virtual 1aw library

No, sir, he was able to walk at least three steps.

ATTY. BASA:chanrob1es virtual 1aw library

Are you very sure of that?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA:chanrob1es virtual 1aw library

Tell the Court again how many steps he was able to walk before he finally fell down?

WITNESS:chanrob1es virtual 1aw library

More or less three steps.

WITNESS (sic):chanrob1es virtual 1aw library

And according to you the accused Carlito Saragina after hitting Antonio Volfangco attempted to enter a residence, is that correct?

WITNESS:chanrob1es virtual 1aw library

Yes, sir

ATTY. BASA:chanrob1es virtual 1aw library

Whose residence was that?

WITNESS:chanrob1es virtual 1aw library

My neighbor.

ATTY. BASA:chanrob1es virtual 1aw library

And Carlito could see where Antonio was running or walking after that Antonio was stabbed?

WITNESS:chanrob1es virtual 1aw library

He did not know whether Volfangco was able to enter the alley because it was only at the entrance of the alley where he was able to stab.

ATTY. BASA:chanrob1es virtual 1aw library

Why, was Carlito the one who stabbed Antonio?

WITNESS:chanrob1es virtual 1aw library

After stabbing Volfangco Carlito turned around face us and he was able to enter the house where he was warned by Bong "Tiyong, hindi diyan" .

ATTY. BASA:chanrob1es virtual 1aw library

The alley which Antonio entered is opposite from the house that Carlito tried to enter?

WITNESS:chanrob1es virtual 1aw library

Beside not opposite.

ATTY. BASA:chanrob1es virtual 1aw library

So Carlito was trying to enter the door of the house?

WITNESS:chanrob1es virtual 1aw library

No only the fence.

ATTY. BASA:chanrob1es virtual 1aw library

And it was only the reminder of Bong with the word "Hindi diyan Tiyong" that Carlito did not enter the house?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA:chanrob1es virtual 1aw library

When Bong said "Hindi diyan Tiyong", what happened?

WITNESS:chanrob1es virtual 1aw library

He said "where."

ATTY. BASA:chanrob1es virtual 1aw library

Pointing to the alley?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA:chanrob1es virtual 1aw library

At that time Antonio Volfangco was still walking?

WITNESS:chanrob1es virtual 1aw library

No, sir, he was lying down.

ATTY. BASA:chanrob1es virtual 1aw library

How was he lying down?

WITNESS:chanrob1es virtual 1aw library

Face up.

ATTY. BASA:chanrob1es virtual 1aw library

Where were you at that time?

WITNESS:chanrob1es virtual 1aw library

Alongside of the street.

ATTY. BASA:chanrob1es virtual 1aw library

You were not in front of the alley?

WITNESS:chanrob1es virtual 1aw library

No, sir.

ATTY. BASA:chanrob1es virtual 1aw library

So you could not see the interior of the alley?

WITNESS:chanrob1es virtual 1aw library

No, sir.

ATTY. BASA:chanrob1es virtual 1aw library

Are you sure of that?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA:chanrob1es virtual 1aw library

Very sure of that?

WITNESS:chanrob1es virtual 1aw library

Yes, sir.

ATTY. BASA:chanrob1es virtual 1aw library

What happened next?

WITNESS:chanrob1es virtual 1aw library

Carlito entered the alley and he found Antonio Volfangco lying down he hacked him on the face.

ATTY. BASA:chanrob1es virtual 1aw library

Which hand did Carlito use?

WITNESS:chanrob1es virtual 1aw library

Right, sir.

ATTY. BASA:chanrob1es virtual 1aw library

You were able to see that also?

WITNESS:chanrob1es virtual 1aw library

I was able to peep.

ATTY. BASA:chanrob1es virtual 1aw library

You are not afraid?

WITNESS:chanrob1es virtual 1aw library

I was afraid.

ATTY. BASA:chanrob1es virtual 1aw library

Although afraid you did not attempt to run away? At the time of what happened did you not attempt to run away?

WITNESS:chanrob1es virtual 1aw library

I never thought of running.

ATTY. BASA:chanrob1es virtual 1aw library

What happened after that?

WITNESS:chanrob1es virtual 1aw library

When we saw Carlito Sargina coming out of the alley we scampered on the side." 11

Her testimony was corroborated by the testimonies of Pelagia Vulpangco 12 and Editha Trigo 13 who testified to the same effect and whose testimony was consistent with her testimony on material points.

The established facts reveal that the second element of self-defense is also lacking. The nature, location and number of wounds inflicted on the victim belie and negate the accused-appellant’s claim of self-defense. 14 The autopsy report shows that the victim sustained two wounds. The postmortem findings of the autopsy report read:jgc:chanrobles.com.ph

"Pallor, generalized.

Hack wound, Elliptical, in shape, edges clean cut, 11.0 cms. both extremities sharp, oriented vertically at the face extending from the right alas of the notes to the circumoral area, right side, directed backward, involving the skin and soft tissues, axillary bone and mandible, approximate dept 5.0 cms.

Stab wound, Elliptical edges clean cut, 6.0 cms., oriented almost horizontally, medial extremity sharp, lateral extremity blunt, at the chest, left side, along the anterior axillary line, 21.0 cms., from the anterior median line, directed backward, upward and medially, thru the 5th intercostal space, into the thoracic cavity, perforating the lung left, upper lobe, approximate depth of 8.0 cms.

Hemotherax, left 600 c.c.

Brain and other visceral organs, pale.

Stomach, empty." 15

If there was any truth to the accused-appellant’s claim of self-defense, he would not have run after VULPANGCO and stabbed him again in the face after VULPANGCO ran away considering that he was already able to wrest the knife away from VULPANGCO and stab him on the chest. At that point, there was no longer any need for him to continue to defend himself inasmuch as his alleged assailant already ran away from him.

Another factor that negates accused-appellant’s claim of self-defense is the fact that the accused-appellant eluded arrest from the time of the issuance of the RTC’s Order of Arrest on September 25, 1992 up to the time when he was finally arrested on January 12, 1996. 16 Flight is a strong indication of guilt when it is done to escape from the authorities or to escape prosecution. 17

It is our conclusion that the claim of self-defense is not tenable for it is clear from the established facts, the physical evidence and his conduct that the accused-appellant was determined to kill VULPANGCO and did not just act to defend himself. In view of the foregoing discussion, it is no longer necessary to discuss the third element, i.e. lack of sufficient provocation on the part of the person defending himself.

In finding the accused-appellant guilty of murder, the RTC appreciated the qualifying circumstance of treachery considering that the attack on VULPANGCO was sudden and unexpected. Both the accused-appellant and the appellee agree that treachery cannot be appreciated when the victim was forewarned of the impending danger against him.

After a careful scrutiny of the evidence, we agree with the accused-appellant and the appellee. MARTIN testified that prior to the stabbing of VULPANGCO, the accused-appellant confronted VULPANGCO and addressed him saying "Ano pare, umpisahan na natin?" Moreover, MARTIN was also able to forewarn VULPANGCO regarding the impending assault of the accused-appellant when she shouted "Tiyong Takbo." He was thereafter able to run away from the accused-appellant who unfortunately was able to catch up with him and stab him. Treachery cannot be appreciated when the victim was aware of the attack against him and was even able to flee even though briefly from his attacker. 18

We disagree with the ratiocination of the appellee that despite the absence of treachery, the accused-appellant is still guilty of murder due to the existence of evident premeditation. For evident premeditation to be properly appreciated, the prosecution must prove the following requisites: (a) the time when the accused determined to commit the crime; (b) an act manifestly indicating that the accused has clung to his determination; and (c) a lapse of time between the determination to commit the crime and the execution thereof sufficient to allow him to reflect upon the consequences of his act. 19

In the case at bar, the prosecution failed to adduce evidence. showing when and how the accused-appellant planned and prepared to kill VULPANGCO. The mere fact that the accused-appellant learned that VULPANGCO was pestering his sister a week before the killing is insufficient to prove evident premeditation beyond reasonable doubt. It would be stretching one’s imagination to conclude that during said period, the accused-appellant planned to kill VULPANGCO; the conclusion would be highly speculative. The mere knowledge that VULPANGCO had a misunderstanding with the accused- appellant’s sister does not suffice to prove that the accused- appellant planned to kill him.

Since both treachery and evident premeditation cannot be appreciated to qualify the crime into murder, the accused-appellant can only be convicted of the crime of homicide. 20 Article 249 of the Revised Penal Code provides that the penalty for homicide is reclusion temporal. Since there are no mitigating or aggravating circumstances and applying the Indeterminate Sentence Law in favor of the accused-appellant, he is hereby sentenced to suffer an indeterminate penalty ranging from eight (8) years and one (1) day of prision mayor as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum with all the accessories prescribed by law. 21

We affirm the award of P50,000.00 as indemnity for the loss of VULPANGCO’s life as this is in accord with prevailing jurisprudence. 22

WHEREFORE, the appealed decision of the Regional Trial Court is hereby MODIFIED, and the accused-appellant, Carlitos Saragina, is found GUILTY OF HOMICIDE and sentenced to an indeterminate penalty of eight (8) years and one (1) day of prision mayor as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal as maximum. The accused-appellant is further ordered to pay the heirs of the victim P50,000.00 as death indemnity.

SO ORDERED.

Melo, Vitug and Purisima, JJ., concur.

Panganiban, J., is on leave.

Endnotes:



1. Penned by Judge Myrna Dimaranan Vidal.

2. Rollo, p. 5.

3. Order of January 22, 1996; Record, p. 25.

4. Decision, p. 2; Rollo, p. 16.

5. Decision, p. 13.

6. Brief of Accused-appellant, p. 1; Rollo, p. 38.

7. People v. De La Cruz, G.R. No. 130608 at p. 14, August 26, 1999.

8. People v. Bautista, G.R. No. 96092 at p. 8, August 17, 1999.

9. Ibid.

10. TSN, February 19, 1996, pp. 4-9;10-12.

11. TSN, February 19, 1996, pp. 15-17;20-23; 26-30.

12. TSN, February 14, 1996, pp. 3-35.

13. TSN, March 12, 1996, pp. 4-31.

14. People v. De La Cruz, Supra.

15. Exhibit C, Exhibits for the prosecution, p. 3.

16. Decision, p. 1.

17. People v. Sanchez, G.R. No. 118423, June 16, 1999 at p. 21.

18. People v. Mejos, 265 SCRA 689 at p. 699 [1996].

19. People v. Platilla, 304 SCRA 339 at p. 354 [1999].

20. Article 249, Revised Penal Code.

21. People v. Mangahas, G.R. No. 118777, July 28, 1999 at p. 22.

22. People v. Silvestre, 307 SCRA 68 at pp. 90-91 [1999].

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