FIRST DIVISION

[G.R. No. 135701. May 9, 2002]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELBERT CALLET y SABANAL, accused-appellant.

D E C I S I O N

PUNO, J.:

The accused, ELBERT CALLET y SABANAL was charged with Murder before the Regional Trial Court of Negros Oriental, Dumaguete City, Branch 30. The crime was allegedly committed as follows:[1]

“That on or about 5:00 o’clock in the afternoon of September 15, 1996, at Barangay Tambulan, Tayasan, Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused with intent to kill, evident premeditation and treachery, did then and there willfully, unlawfully and feloniously attack, assault and stab one ALFREDO SENADOR with the use of a knife with which the said accused was then armed and provided, thereby inflicting upon said victim the following injury, to wit:

A stab wound measuring two (2) cm. in length, 0.3 cm. in width and eleven (11) cm. in deepness located at the left side of the trunk, about two (2) cm. above the left clavicular bone. The wound was directed downward and slightly to the right.

which injury or wound caused the death of said ALFREDO SENADOR shortly thereafter.

Contrary to Article 248 of the Revised Penal Code.”

When arraigned on June 11, 1997, the accused pled “not guilty.” [2]

The prosecution presented the testimonies of Dr. Rogelio Kho, Lecpoy Senador, Eduardo Perater, Manuel Gabonales and Francisca Senador. For the defense, the accused, Elbert Callet, PO3 Roy Balasabas, Barangay Captain Dominador Calijan and Nilo Callet testified.

The evidence for the prosecution shows that on September 15, 1996, at 5:00 p.m., the victim, Alfredo Senador, his 12-year old son, Lecpoy Senador, and Eduardo Perater were at the flea market of barangay Tambulan, Tayasan, Negros Oriental. There were many people in the vicinity. Some were playing cara y cruz while others were playing volleyball.

Alfredo, Lecpoy and Eduardo were beside each other as they watched a cara y cruz game. Alfredo sat close to the ground, with his buttocks resting on his right foot. Lecpoy and Eduardo sat on a piece of wood and on a stone, respectively.

Out of nowhere, the accused, Elbert Callet, appeared behind Alfredo and stabbed the latter on the left shoulder near the base of the neck with a 9-inch hunting knife. Instinctively, Alfredo stood up and managed to walk a few meters. When he fell on the ground, Lecpoy and Eduardo rushed to help him but to no avail. Alfredo died shortly thereafter.

Manuel Gabonales was also at the flea market at that time. At 5:00 p.m., he saw people running away from the place where there was a cara y cruz game. Next, he saw Alfredo and the accused. Alfredo was soaked in blood while the accused was running towards the basketball court. He asked Alfredo what happened to him. Alfredo replied that the accused stabbed him. The accused was then standing at the basketball court. Manuel helped Lecpoy and Eduardo carry Alfredo under a mango tree. He thought of bringing Alfredo to the hospital when he saw blood oozing from his mouth. After a moment, Alfredo died.

Dr. Rogelio Kho, Municipal Health Officer at Tayasan, autopsied the body of Alfredo on September 16, 1996. The doctor found a stab wound on the left shoulder of Alfredo, near the base of the neck. He opined that the victim died due to “severe hemorrhage and irreversible shock due to stab wound.”[3]

The defense gave a different account of the stabbing incident.

Allegedly, at 3:00 p.m., the accused, Elbert Callet, played volleyball near the flea market. After two (2) games, he stopped playing. It was past 4:00 p.m. He stayed at the flea market and watched as others played volleyball. While watching the game, he was hit on the left side of the body by Alfredo’s elbow. He asked Alfredo why he hit him. Alfredo retorted, “Are you angry?” Next, Alfredo grabbed his left arm and tried to twist it. He pleaded with Alfredo to let go of his arm, but Alfredo warned that he would be his third victim if he would get angry with him. As Alfredo was pulling out a hunting knife from his waist, he (the accused) managed to stab him first. Thereafter, he ran towards the municipal hall to surrender.

Dominador Calijan, the Barangay Captain of Tayasan, happened to be at the basketball court near the scene of the crime. He encountered Alfredo along the road after the stabbing incident. Alfredo had a stab wound on the lower nape. Calijan asked Alfredo who stabbed him and the latter gave the name of the accused. He directed his barangay tanods to arrest the accused.

Barangay tanods Nilo Callet and Jesus Dagodog were able to catch up with the accused three (3) kilometers away from the scene of the crime. He was still holding the hunting knife and refused to surrender it for fear that the relatives of Alfredo would retaliate. The barangay tanods escorted him to the municipal hall. Along the way, they asked him why he stabbed Alfredo. The accused replied that he could not help it and that everything happened too fast. Upon reaching the municipal hall, the accused surrendered the hunting knife. He was turned over to PO3 Roy Balasbas for investigation.

After the trial, the accused was found guilty of murder. The fallo of the trial court’s decision[4] states:

“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 o’clock 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