G.R. No. 132669 - THE PEOPLE OF THE PHILIPPINES, VS. SAMUEL

Ruling

WHEREFORE, in view of all the foregoing considerations, the Honorable Court finds the accused Samuel `Sonny Emperador Y Lopez GUILTY of the crime of MURDER beyond reasonable doubt. The accused is hereby sentenced to suffer the penalty of Reclusion Perpetua together with all its accessory penalties; to indemnify the heirs of the victim for Moral Damages in the amount of P50,000.00 for the death of the victim; P35,000.00 in actual expenses; P60,000.00 for loss of earning capacity and to pay the cost of the proceeding. [2] In his appeal to this Court, the convicted accused made the following assignment of errors; to wit: I THE COURT A QUO ERRED IN NOT HOLDING THAT ACCUSED-APPELLANT ACTED IN COMPLETE SELF-DEFENSE. II GRANTING THAT ACCUSED-APPELLANT DID NOT ACT IN SELF-DEFENSE, THE LOWER COURT ERRED IN CONCLUDING THAT THE ATTACK UPON THE VICTIM WAS PERPETRATED WITH TREACHERY, THUS, QUALIFYING THE KILLING TO MURDER. III GRANTING THAT ACCUSED-APPELLANT DID NOT ACT IN SELF-DEFENSE, AND THAT TREACHERY WAS PROVEN DURING TRIAL, THE LOWER COURT ERRED IN QUALIFYING THE KILLING TO MURDER DESPITE THE NON-ALLEGATION OF TREACHERY IN THE INFORMATION. [3] Appellant would insist that the trial court failed to recognize his natural instinct to protect himself from the impending danger posed by the victim. The infliction by him of a fatal wound on the deceased, he said, was unavoidable. Appellant would also fault the trial court for appreciating treachery which was neither specifically alleged nor proved. A close look at the records, the Court believes, sufficiently establishes the accountability of appellant for the death of Danilo Collado but only for homicide and not murder. The narration of eyewitness Mario Collado of the facts about the incident suffers no ear-mark of falsehood. Q On September 14, 1996, at around 6:30 in the afternoon, where were you? A I was at Brgy. San Roque West, Agoo, La Union. Q What were you doing then at that time? A We were conversing there and sitting. Q Who were with you then? A Ricardo Emperador, Benigno Collado, Danilo Collado and me. x x x x x x x x x Q Was there [any] unusual incident at that time? A Yes, sir. Q And what was that incident? A He suddenly stabbed my brother. Q Who is that `he that you are referring to that stabbed your brother? A Sonny Emperador. Q And what is the name of your elder brother? A Danilo Collado. Q And who stabbed Danilo Collado? A Sonny Emperador. (Witness pointing again to the accused.) Q Is that Sonny Emperador and Samuel Emperador the same person? A Yes, sir. Q And how many times did this Sonny Emperador stab your brother? A When my brother was sitting, Samuel stabbed him on his left breast. He was able to stand and run for about 5 arms length away and Samuel still chased him. Q And what happened when Samuel Emperador chased your brother Danilo? "A He was able to run after him. Q And what did Samuel Emperador do when he was able to run after Danilo? A He again stabb