341 Phil. 593
KAPUNAN, J.:
That on or about the 2nd day of January, 1990, at Sitio Mamonmon, Barangay Iraan, Municipality of Aborlan, Province of Palawan, Philippines, and within the jurisdiction of this Honorable Court, the said accused with evident premeditation and treachery, armed with a bladed weapon and with intent to kill, did then and there willfully, unlawfully and feloniously attack, assault and stab with his bladed weapon one RAMON AMARADO, JR., hitting him in a vital part of his body and inflicting upon him a penetrating stab wound in his stomach that resulted to hemorrhage causing shock which was the direct and immediate cause of his death shortly thereafter.With Ramon Amarado, Jr. that fateful night were Danilo Domingo, Allan Fortin, Elmer Manuel and Aldrin Manuel. They came from Barangay Barake, Aborlan, Palawan some three or four kilometers away from Sitio Mamonmon.
CONTRARY TO LAW.[1]
xxxFor his part, Allan Fortin testified that he was the first to leave the dance hall. Ramon followed him afterwards. Suddenly, while they were walking, he heard a “thud” and when he looked back, he saw the bloodied Ramon lying face down on the ground. At the same time, Allan saw appellant running outside the fence surrounding the dance hall carrying a “stainless” knife about six (6) inches (one dangkal) long.[11]
ATTY. SOCRATES:
(to witness)
Q: You said, Mr. Witness, that the first time you saw the accused Johnny Lacosta was on January 2, 1990?
A: Yes, sir.
Q: Who told you that was known as Tangke?
A: I was informed by the residents whom I know and who knew him.
Q: By residents of that place, the place of Iraan?
A: Yes, sir.
Q: Can you give us the name of some of the residents of Iraan who told you that person is Tangke?
A: Eunice Base and Mirla Base.
Q: These ladies were the one sponsoring the dance?
ATTY. SOCRATES:
(to witness)
Q: And they introduced to you the accused?
A: No, sir.
COURT:
(to witness)
Q: When did they inform you about the name of Tangke, was it before the incident or after the incident?
A: Before the incident I was informed that his name is Tangke.
ATTY. SOCRATES:
(to witness)
Q: Was there any special reason to point out this accused to you?
A: No special reason. I just inquired from them these persons who are ahead of us and they said one of them is Tangke and beside my other companion know him, I was the one who asked them.
Q: Could it be possible that you only learned that his name is Tangke with your companions?
A: Yes, sir, my companions also knew him.
xxx[10]
WHEREFORE, premises considered, based on the evidence adduced, the Court hereby finds the herein accused, JOHNNY LACOSTA guilty beyond reasonable doubt of the crime of Murder as charged and proven in this case pursuant to Article 248 of the Revised Penal Code and sentences him to suffer the penalty of RECLUSION PERPETUA; to indemnify the heirs of the deceased actual, moral and exemplary damages in the sum of P50,000.00; and to pay the costs.Appellant is now before this Court alleging that the prosecution failed to prove beyond reasonable doubt that he committed the crime, and that the trial court erred (a) in finding him guilty of murder despite the absence of the qualifying circumstance of treachery and (b) in failing to appreciate the privileged mitigating circumstance of incomplete self-defense in his favor.[16]
With this conviction of the heinous crime of Murder, the accused has become a maximum security prisoner. As such, he is hereby ordered immediately shipped to the National Penetentiary, Muntinlupa, Metro Manila, to serve his sentence there.
IT IS SO ORDERED.[15]
Q: At about 11:00 o’clock in the evening of January 2, 1990, do you remember if there was any unusual thing that occurred?It is clear from the aforequoted testimony that treachery attended the killing of Ramon. As correctly observed by the Solicitor General, Ramon was completely unaware of appellant’s criminal design. The latter casually strode over to him and stabbed him without any warning.[23] The suddenness of the attack, without any provocation on the part of the victim who was innocently walking out of the dance area and totally oblivious of the impending attack against him, coupled with the fact that the victim was unarmed and thus had no opportunity to parry the blow,[24] indubitably demonstrate the treacherous nature of the assault. Ramon never had the chance to defend himself.
A: Yes, sir.
Q: What was that unusual incident?
A: Ramon Amorado, Jr. was stabbed.
Q: And who did you see stabbed Ramon Amarado, Jr.
A: Tangke.
Q: And what was Ramon Amorado, Jr. doing when he was stabbed by Johnny Lacosta alias Tangke?
A: He was going out from the dance hall.
Q: Who was his companion in going out when he was stabbed by Tangke?
A: Alen Porten (sic).
Q: Who else?
A: They were the only one (sic).
Q: What were you doing when you saw alias Tangke stabbed Ramon Amarado, Jr.?
A: I was still dancing.
Q: And how did Tangke stab Ramon Amarado, Jr.?
A: I just saw Tangke walked towards Ramon Amarado, Jr. and saw him Stabbed Ramon Amarado, Jr.
Q: And how were you able to see that?
A: While Ramon Amarado, Jr. was going out my eyes was (sic) focused at them.
Q: And where was Tangke came?(sic)
A: Tangke came from outside meeting them.
Q: You said that Alan Porten and Ramon Amarado, Jr. was (sic) going out the dance hall, who was ahead going out?
A: Alan Porten was ahead followed by Ramon Amarado, Jr.
Q: How far were you from Ramon Amarado, Jr. when he was stabbed by alias Tangke?
A: More or less 8 meters away, sir.
Q: And what light did you use in the dance hall?
A: Petromax, sir.
Q: Where was that Petromax placed?
A: At the middle of the dance hall.
Q: Now you said that alias Tangke, whose right name is Johnny Lascota met Ramon Amarado, Jr. and Alan Porten and when he was in front of Ramon Amarado, Jr., he stabbed Ramon Amarado, Jr., how did you see that it was Johnny Lascota who stabbed Ramon Amarado, Jr.?
A: While Johnny Lascota was walking meeting Alan Porten and Ramon Amarado, Jr., I saw him with a towel wrapped over his head but his face was exposed and facing the light at that time and I identified the stripe T-shirt blue (sic) that is why I saw him stabbed Ramon Amarado, Jr.
xxx.[22] (Emphasis ours.)
xxx.Appellant’s conflicting defenses indubitably reveals that his claim of incomplete self-defense is mere fabrication, the sole purpose of which is to have the penalty imposed upon appellant mitigated.
Q: While you were there in that dance, do you remember of any unusual incident that happened?
A: Yes, sir.
Q: What was that?
A: Ramon Amarado was stabbed, sir.
Q: Do you know who stabbed Ramon Amarado?
A: I don’t, sir.
Q: This Ramon Amarado you are referring to is it Ramon Amarado, Jr., the victim in this case?
A: Yes, sir.
Q: Mr. Witness, Mr. Johnny Lacosta, you are charged here for the crime of having stabbed and caused the death of Ramon Amarado, Jr., what can you say about that?
A: That’s not true, sir.
Q: Why do you say that’s not true?
A: Because I was not the one who stabbed and killed Ramon Amarado, Jr., Sir.
Q: You are saying you were not the one who stabbed and killed Ramon Amarado, Jr., do you know of any reason why you are charged here?
A: I don’t know, sir.
Q: Can you possibly relate to the Honorable Court what transcribed in connection with the stabbing of Ramon Amarado, Jr.?
A: Yes, sir.
Q: What started the whole thing?
A: It started when I went to the dance. Upon arrival I requested for a number and my request was granted.
Q: Did you dance in what you asked for?
A: Yes, sir.
Q: After the piece your request was over, what happened?
A: After that the request made by Ramon Amarado, Alan Portem and their companions was announced.
Q: What did they do when their request was announced?
A: They danced, sir.
Q: How about you what did you do?
A: I stood at one side, sir.
Q: When the dance of the group of Ramon Amarado, Jr. was finished, what happened , if any?
A: After they finished dancing the group of Ramon Amarado, Jr. came near me.
Q: You said the group, can you mention the names of that group?
A: I cannot mention all of them, sir.
Q: Can you name some of them?
A: Ramon Amarado, Jr., Alan Portem, Elmer Manuel, the younger brother of Elmer Manuel.
Q: How many were they all together?
A: About seven or eight, sir.
Q: When that group approached you what did they do, if any?
A: Ramon Amarado asked me why my request was granted when I just arrived?
Q: What did you tell them?
A: I told him not to ask me but the one who is in charge of that dance.
Q: When you answered that way, what happened , if any?
A: Ramon Amarado, Jr. became angry, sir.
Q: When he became angry what happened next, if any?
A: He pulled out his bolo and also Alan Portem
Q: You said he pulled out his bolo, where did he pull out that bolo?
A: Inside his jacket, Sir. From the chest.
Q: Did you see that bolo pulled out by Ramon Amarado?
A: Yes, sir.
Q: How long was it?
A: About like this, sir.
Witness demonstrating a length of about one and a half feet.
ATTY. SOCRATES:
Q: How about Alan Portem what did he do?
A: He was also already holding a bolo, sir.
Q: When they were holding that bolo did they say anything to you? I will reform the question, Your Honor.
COURT:
Alright.
ATTY. SOCRATES:
Q: When you saw Alan Portem and Ramon Amarado, Jr. already armed with a bolo what did you do, if any?
A: I moved back, sir.
Q: When you moved back, what happened?
A: I was able to lean on the fence and it was destroyed.
Q: What did you do after that, if any?
A: I was already outside of the fence and then I ran away.
xxx.[30]