G.R. No. 132043 - THE PEOPLE OF THE PHILIPPINES, VS. TEOFISTO COTAS Y LIMPIAHOY, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, this Court renders judgment sentencing accused Teofisto Cotas to suffer the penalty of death, to pay the heirs of Rossman Asuncion the following sums: P50,000,00 as civil indemnity, P50,000.00 as moral damages, P20,000.00 representing expenses incurred during the funeral, burial and wake of the deceased and P1,840,000,00 as lost earnings/income and to pay the costs. In this appeal, accused-appellant alleges that: [15] THE TRIAL COURT ERRED IN NOT UPHOLDING SELF-DEFENSE AS A GROUND FOR [THE] ACQUITTAL OF ACCUSED-APPELLANT. ON THE ASSUMPTION THAT ACCUSED-APPELLANT IS AT ALL GUILTY, THE TRIAL COURT NEVERTHELESS ERRED IN CONVICTING HIM FOR MURDER INSTEAD OF ONLY HOMICIDE. First. Accused-appellant reiterates his contention below that he acted in self-defense when he stabbed and killed Rossman Asuncion. He thus admits committing the acts constituting the crime for which he was charged, [16] and the burden of proof is on him to establish, by clear and convincing proof, the following requisites of self-defense: (1) unlawful aggression on the part of the victim; (2) reasonable necessity of the means employed to prevent or repel it; and (3) lack of sufficient provocation on the part of the person defending himself. [17] Of these requisites, unlawful aggression, i.e., the sudden and unprovoked attack on the person defending himself, is indispensable. [18] Absent such element, no claim of self-defense can be successfully interposed. [19] In this case, the prosecutions principal witness, Lady Angela, despite the fact that she was then barely four years old, described very clearly how accused-appellant stabbed her father. She said: [20] PROS. LOMARDA . . . . Q What is the name of your father? A Jojo, sir. Q Do you know a person by the name of Kuya Jovy? ATTY. PAJARES: No basis, Your Honor. COURT: Witness may answer. A Yes, sir. PROS. LOMARDA: Q If Kuya Jovy is inside the courtroom, will you please point to him. A Yes, sir. He is there (pointing to a man inside the courtroom who, when asked[,] answered by the name of Teofisto Cotas). Q Where is your Papa Jojo now? A In the cemetery, sir. Q Why is he in the cemetery? A He is already dead, sir. Q Do you know how he died? A He was stabbed, sir. Q Who stabbed him? A Kuya Jovy, sir. . . . . Q How many times did your Kuya Jovy stab your father? A Many times, sir.... Q Kitkat, what was your father doing when your Kuya Jovy stabbed him? A He was sleeping, sir. Q What was his position while he was sleeping? A He was lying face down, sir. Q Did you notice when your Kuya Jovy entered your house? A Yes, sir. Q Before your father was stabbed by your Kuya Jovy, did your father and your Kuya Jovy engage in any conversation? A No, sir. Q After you saw your Kuya Jovy stab your father, what did you do? A I jumped, sir. Q Where did you jump? A In our stairs, sir. Q Where did you go after jumping in your stairs? A To my mother, sir. Q Were you able to see your mother? A Yes, sir. Q What did you tell your mother? A "Mam