G.R. No. 254881 - PEOPLE OF THE PHILIPPINES, VS. RAFAEL REY MALATE @ "AR-AR", ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Rafael was charged with murder committed against Charlito before the Regional Trial Court (RTC), [7] to wit: That on or about the 24 th day of November, 2010, in the Municipality of Mahaplag, Province of Leyte, Philippines and within the jurisdiction of this Honorable Court, the above named accused, with deliberate intent to kill and with treachery, did then and there willfully, unlawfully and feloniously assault, attack and hack Charlito Mania with the use of a long bolo (sundang) which accused provided for the purpose, thereby hitting and inflicting upon said Charlito Mania several hack wounds which were the direct and immediate cause of his death, to the damage and prejudice of the heirs of the victim. CONTRARY TO LAW. [8] Rafael pleaded not guilty [9] and contended that he merely acted in self-­defense. He narrated that Charlito was already aggressive when he joined the drinking session. Charlito then got angrier and challenged them to a fight. Rafael further recalled that, at that moment, Charlito tried to draw something from his waist but Rafael could not see what it was because of the dark. Allegedly to defend himself, Rafael grabbed his bolo from the doorframe and hacked Charlito until he was dead. [10] On August 30, 2016, the RTC found Rafael guilty [11] of murder qualified by treachery since he delivered the first hacking blow on Charlito's back without any warning. The RTC also ruled out self-defense for failure to prove the indispensable element of unlawful aggression, [12] thus: WHEREFORE, PREMISES CONSIDERED, this Court finds the accused GUILTY beyond reasonable doubt of the crime charged and he is hereby sentenced to RECLUSION PERPETUA without benefit of parole. He is further condemned to pay the heirs of the victim the amount of P75,000 as civil indemnity, P30,000.00 as exemplary damages and P25,000 as temperate damages. SO ORDERED.