People v. Abina
REITERATIONFacts
The Antecedents: Glen Abina y Latorre and Jesus Latorre y Deraya were charged with murder for the killing of Anthony Asadon and Rodolfo Mabag. The prosecution alleged that on February 1, 2008, the accused, with deliberate intent and treachery, conspired to kill Asadon and Mabag using a bladed weapon and a handgun, inflicting fatal wounds. The defense, however, claimed that Roberto Jongaya, alias Dondon, was the perpetrator, and that they merely intervened to disarm the assailant and report the incident. Procedural History: The Regional Trial Court (RTC) of Calbiga, Samar, Branch 33, found both Glen Abina and Jesus Latorre guilty of murder for the death of Anthony Asadon and homicide for the death of Rodolfo Mabag. The Court of Appeals (CA) affirmed this judgment. During the pendency of the appeal before the Supreme Court, Jesus Latorre passed away, and the case against him was dismissed. The Supreme Court then proceeded to review the conviction of Glen Abina. The Petition: The case reached the Supreme Court on appeal from the Court of Appeals' decision affirming the conviction of Glen Abina. The primary issue was whether the CA correctly upheld the conviction for murder and homicide. The Supreme Court, while acknowledging the admission of guilt by the defense and the positive identification by prosecution witnesses, reviewed the presence of treachery. The Court ultimately modified the conviction, finding that treachery was not sufficiently proven for the killing of Anthony Asadon, thus reducing the charge to homicide. The appeal was otherwise dismissed, affirming the conviction for two counts of homicide.
Issue(s)
Whether the Court of Appeals correctly affirmed the conviction of Glen for the crimes of murder and homicide, and whether the defense of self-defense was sufficiently proven. Whether treachery attended the killing of Anthony Asadon. Whether treachery attended the killing of Rodolfo Mabag, and the determination of the appropriate penalty and damages.
Ruling
The Supreme Court affirmed the conviction of Glen Abina y Latorre but modified the offenses to two counts of homicide. The Court sentenced Glen to suffer the indeterminate penalty of seven (7) years and four (4) months of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum, for each count of homicide. Glen was also ordered to pay the respective heirs of Anthony Asadon and Rodolfo Mabag moral damages, temperate damages, and civil indemnity in the amount of ₱50,000.00 each, with legal interest.
Ratio Decidendi
On the conviction for murder and homicide and the defense of self-defense: The Supreme Court found that the defense failed to discharge its burden to prove self-defense by clear and convincing evidence. The Court noted that the defenses of denial and self-defense were diametrically opposed. Furthermore, no specific details of self-defense were advanced, and it was belatedly asserted. Absent clear and convincing evidence, self-defense cannot be appreciated. On the presence of treachery in the killing of Anthony Asadon: The Supreme Court ruled that treachery did not attend the killing of Anthony Asadon, thus modifying the conviction from murder to homicide. While Glen suddenly and unexpectedly shot Anthony, there was no showing that he deliberately and consciously adopted this mode of attack to insure the killing without risk to himself. The attack occurred in the presence of other guests, and the location and time did not discount the possibility of retaliation. The Court considered the attack a spur-of-the-moment decision caused by annoyance, not a premeditated act to eliminate any risk to the assailant. On the presence of treachery in the killing of Rodolfo Mabag and the penalty and damages: The Supreme Court affirmed the conviction for homicide for the killing of Rodolfo Mabag, finding that treachery did not attend this killing because Rodolfo was attacked only after he joined the melee to aid Anthony. The absence of treachery meant the crime was homicide, not murder. For each count of homicide, the Court imposed the indeterminate penalty of seven (7) years and four (4) months of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum. The Court also ordered Glen to pay the heirs of Anthony and Rodolfo civil indemnity, moral damages, and temperate damages in the amount of ₱50,000.00 each, with legal interest of 6% per annum from the finality of the decision until paid.
Main Doctrine
The Supreme Court modified the conviction of Glen Abina y Latorre from murder and homicide to two counts of homicide, holding that treachery was not sufficiently proven for the killing of Anthony Asadon, and affirmed the conviction for homicide for the killing of Rodolfo Mabag. The Court also reiterated that the defense of self-defense must be proven by clear and convincing evidence and cannot be invoked alongside a defense of denial.