G.R. No. 135701 - PEOPLE OF THE PHILIPPINES, VS. ELBERT CALLET Y SABANAL, ACCUSED-.

Ruling

WHEREFORE, finding the accused ELBERT CALLET Y SABANAL guilty beyond a scintilla of doubt for the crime of MURDER penalized under Article 248 of the Revised Penal Code, taking into account the mitigating circumstance of voluntary surrender without any aggravating circumstance, the accused is hereby sentenced to RECLUSION PERPETUA with all the accessory penalties provided under Article 41 of the Revised Penal Code. Accused is ordered to pay the legal heirs of Alfredo Senador the sum of Fifty Thousand Pesos (P50,000.00) as indemnity for his death. Costs against the accused. Hence, the appeal. The accused contends that: [5] 1. THE HONORABLE REGIONAL TRIAL COURT GRAVELY ERRED AND COMMITTED GRAVE ABUSE IN FINDING THAT THE ACCUSED KILLED THE VICTIM WITH TREACHERY; 2. THE HONORABLE REGIONAL TRIAL COURT GRAVELY ERRED AND COMMITTED GRAVE ABUSE IN FINDING THAT THE ACCUSED FAILED TO PROVE THE ELEMENTS OF SELF-DEFENSE; 3. THE HONORABLE REGIONAL TRIAL COURT GRAVELY ERRED IN FAILING TO CONSIDER THE MITIGATING CIRCUMSTANCE THAT THE ACCUSED DID NOT INTEND TO COMMIT SO GRAVE A WRONG. We affirm. The conviction of the accused is clearly supported by the evidence. Two (2) eyewitnesses positively identified the accused, Elbert Callet, as the one who fatally stabbed the victim, Alfredo Senador. Eyewitness Lecpoy Senador testified as follows: [6] (PROS. HERMOSA): Q: About that time 5:00 clock in the afternoon on September 15, 1996, where were you and your companions situated or stationed since you said you were particularly at the flea market? x x x x x x x x x A: We were in Tambulan. Q: In what particular place were you at the flea market? A: In the place where there was a cara y cruz . x x x x x x x x x Q: What were you and your father as well as Eduardo Perater doing at that moment at 5:00 oclock on September 15 at the place where there was a game of cara y cruz ? A: We were looking at the cara y cruz . Q: While you were looking at the cara y cruz game, do you recall if there was an unusual incident that happened? A: Yes, there was. Q: What was this unusual incident that happened? A: My father was stabbed. Q: Who stabbed your father? A: Elbert Callet. Q: Elbert Callet whom you just identified a while ago? A: Yes. x x x x x x x x x Q: Where was Elbert Callet in relation to your father when he stabbed your father? A: At the back of my father. Q: What was the position of your father when he was stabbed by the accused? A: He was sitting. Q: Where was your father hit if you know? A: Left shoulder. Q: What happened after Elbert Callet stabbed your father? A: My father walked. Q: Towards what place? A: Towards the area where there was a volleyball game. Q: And what eventually happened to him? A: He fell down. Q: And then, what happened after he fell down? A: We carried him to a place where there was a mango tree. x x x x x x x x x Q: What happened or what transpired after you brought your father towards the mango tree? A: My father died. Q: After stabbin