G.R. No. 177162 March
31, 2009
PEOPLE OF THE PHILIPPINES, Appellee, vs. ROBERTO PAJABERA y DOE, Appellant
Criminal Case
Digest
Digested Cases
Criminal Law
Facts:
Appellant Roberto Pajabera won a bet against the victim,
Majen Bolanos, as to the outcome of an ongoing cockfight in Camarines Sur.
Appellant tried to collect the sum of money owed to him which Majen refused to
pay. Thereafter Majen tried to attack appellant with a balisong who ran and
tried to repel the attack. As they scuffled for control of the bladed
instrument appellant claims to have accidentally stabbed Majen in the right
shoulder and the other parts of the victim’s body in hi efforts to defend
himself. The Court found that the appellant failed to discharge the burden of
proving self-defense by clear and convincing evidence. Furthermore, given the
position of appellant and the victim during the struggle, the location of the
stab wound incurred by the victim on his right shoulder negates appellants
claim of the accidental stabbing.
Issue:
Whether the aggravating circumstance of treachery should be
appreciated against appellant in his killing of Majen Bolanos.
Ruling:
Appellant’s attack having been made in a swift and unexpected
manner on the unsuspecting and unarmed victim who did not give the slightest
provocation, treachery attended the killing. Perforce, appellant’s conviction
for Murder stands. Since treachery qualified the killing to Murder and absent
any aggravating or mitigating circumstances, the penalty of reclusion perpetua
is proper, applying Article 63 of the Revised Penal Code.
