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PEOPLE v. EDWIN BAYOTAS Y IMPERIO

FACTS:

Accused-appellant Edwin Bayotas y Imperio was charged with the murder of Ricardo Caño. The stabbing incident occurred on August 11, 1997, at around 8:30 p.m. along M.H. Del Pilar Street, Panghulo, Malabon, Metro Manila. The victim had an altercation with accused-appellant, fled to the barangay hall, and signed an amicable settlement with accused-appellant after barangay tanods intervened. However, as the victim boarded a jeepney to leave, accused-appellant managed to board it as well and stabbed the victim with a fan knife. Jessie Soriano, a barangay tanod, witnessed the incident and pulled accused-appellant off the jeepney, but accused-appellant fled. Accused-appellant was apprehended by the police and found in possession of the fan knife. The victim sustained multiple stab wounds, including a fatal one. Accused-appellant admitted to stabbing the victim but claimed it was done in a fit of anger due to his suspicion of an affair between the victim and his wife. The trial court found accused-appellant guilty of murder and sentenced him to reclusion perpetua, as well as ordered him to pay the heirs of the victim P50,000.00 as civil indemnity and P60,000.00 as actual damages. Accused-appellant appealed the decision.

ISSUES:

  1. Whether treachery is present in the stabbing incident.

  2. Whether the mitigating circumstances of passion and obfuscation and voluntary surrender should be appreciated.

  3. Whether or not treachery is present in the killing of the victim

  4. Whether or not the aggravating circumstances of abuse of superior strength and evident premeditation are present

  5. Whether or not the alleged mitigating circumstances of passion and obfuscation, vindication of a grave offense, and voluntary surrender are present

  6. Whether or not the trial court erred in considering the affidavit of the witness as evidence

RULING:

  1. Treachery is present in the stabbing incident. Treachery exists when there is a deliberate and conscious adoption of means, method, or manner of execution that ensures the safety of the offender from any defensive or retaliatory action on the part of the victim. In this case, even though the victim was inside a moving jeepney on a busy street with other passengers around, the accused suddenly appeared and stabbed him. The victim had no reason to expect such an attack as he believed that his differences with the accused had already been settled. The circumstances presented by the accused to negate treachery actually prove its presence.

  2. The mitigating circumstances of passion and obfuscation and voluntary surrender cannot be appreciated in this case. The testimony of the prosecution eyewitness, a disinterested witness, was given more weight by the trial court. The accused claimed that he only stabbed the victim after the latter insulted his wife. However, there was no evidence to support this claim. The trial court's findings of fact are entitled to respect as it is in a better position to determine credibility. Therefore, the mitigating circumstances alleged by the accused were properly not appreciated.

  3. Treachery is present in the killing of the victim. The multiple wounds sustained by the victim and the location of the fatal wound indicate a deliberate and conscious aim at a vital spot of the victim's body, showing treachery in the killing.

  4. The aggravating circumstance of abuse of superior strength is not present. Even though a bladed instrument was used, abuse of superior strength is not demonstrated as there is no marked difference in the build of the victim and the accused-appellant which would have precluded an appropriate defense from the victim. Evident premeditation is also not present as the prosecution failed to establish the time when the accused-appellant determined to commit the crime, an act manifestly indicating that he had clung to his determination, and the lapse of an interval of time between the determination and the execution of the crime.

  5. None of the alleged mitigating circumstances are present. The accused-appellant failed to prove by clear and convincing evidence the mitigating circumstances of passion and obfuscation, vindication of a grave offense, sufficient provocation or threat on the part of the victim, or voluntary surrender.

  6. The affidavit of the witness is considered as evidence. By identifying the affidavit and affirming its contents, the witness attested to its veracity.

PRINCIPLES:

  • Treachery exists when there is a deliberate and conscious adoption of means, method, or manner of execution that ensures the safety of the offender from any defensive or retaliatory action on the part of the victim.

  • The trial court's findings of fact are entitled to respect as it is in a better position to determine credibility.

  • Treachery absorbs abuse of superior strength.

  • Abuse of superior strength is not present if there is no marked difference in the build of the victim and the accused-appellant which would have precluded an appropriate defense from the victim.

  • Evident premeditation requires the establishment of the time when the accused determined to commit the crime, an act manifestly indicating that he had clung to his determination, and the lapse of an interval of time between the determination and the execution of the crime.

  • The accused has the burden of proving the alleged mitigating circumstances by clear and convincing evidence.

  • Voluntary surrender requires the offender to not be actually arrested, surrender himself to a person in authority or an agent of a person in authority, and the surrender to be voluntary.

  • The identification of an affidavit and affirmation of its contents is considered as attesting to its veracity.