FACTS:

This case involves an appeal from a decision of the Regional Trial Court (RTC) of Abra in Criminal Case No. 250. The accused-appellant, Florentino Eduarte, prays for a judgment of acquittal in lieu of the verdict of conviction rendered by the trial court. The trial court found and held Florentino Eduarte guilty of the crime of murder, qualified by treachery, and sentenced him to suffer the penalty of reclusion perpetua. The court also ordered him to indemnify the heirs of the victim in the amount of P30,000.00 and to pay the costs of the proceedings. Co-accused Fredeswindo Eduarte was acquitted for lack of sufficient evidence.

The facts are presented with two conflicting versions. According to the evidence presented by the prosecution, Florentino, Fredeswindo, and Julie Eduarte are brothers and residents of Dolores, Abra. Fredeswindo lost control and became violent, suspecting his wife of having an illicit relationship. During the altercation, Florentino stabbed his brother-in-law Roberto Trinidad, who sought the help of his brothers. When Roberto and Sonny Testado returned to their jeep after seeking help from the police, they found Fredeswindo lying on the road. While Roberto was assisting Fredeswindo, Florentino shot him, causing his death. The police failed to locate Florentino at the scene.

On the other hand, the defense presented a different version of events. According to their counter-statement of facts, Julie Eduarte informed Florentino that their older brother Fredeswindo was being killed. Florentino rushed to the scene with a gun he took from the trunk of their late father's car. He arrived to find Roberto Trinidad clubbing his brother, who was lying face down and covered in blood. Fredeswindo had earlier confronted his wife about her illicit relationship, which led to a confrontation with Roberto and his brother Vicente Trinidad. Fredeswindo defended himself by thrusting a scissor against Roberto. Julie Eduarte saw the Trinidad brothers ganging up on Fredeswindo and threw stones at their house. Julie then sought assistance from Florentino in their uncle's house.

At the arraignment, Florentino and Fredeswindo pleaded not guilty to the crime of murder. The information charged them with assaulting, attacking, and shooting Roberto Trinidad, causing his death. The trial court found Florentino guilty while acquitting Fredeswindo. Florentino maintains his innocence and invokes the justifying circumstance of defense of relatives, regardless of the conflicting versions presented in court.

ISSUES:

1. Whether or not the defense of relatives under Article II, subparagraph (2) of the Revised Penal Code can be invoked by the accused-appellant.

2. Whether the accused-appellant is guilty beyond reasonable doubt of the crime of murder.

RULING:

1. The defense of relatives under Article II, subparagraph (2) of the Revised Penal Code can be invoked by the accused-appellant.

2. The accused-appellant is guilty beyond reasonable doubt of the crime of murder.

PRINCIPLES:

• Article II, subparagraph (2) of the Revised Penal Code provides for the defense of relatives, where anyone can act in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural or adopted brothers or sisters, or of his relatives by affinity in the same degree.

• In resolving conflicting versions of facts, the court must review the evidence presented by the prosecution and the defense.

• Proof beyond reasonable doubt is required to establish the guilt of the accused in a criminal case.