Case Digest: Belbis, Jr. and Brucales vs People

Rodolfo Belbis jr. and Alberto Brucales vs. People of the Philippines

G.R. No. 181052; 14 November 2012

PONENTE: Peralta

SUBJECT: Homicide

FACTS:

Version of the Prosecution:

Jose Bahillo (Jose), the victim, was a Barangay Tanod of Sitio Bano, Barangay Naga, Tiwi, Albay. On the night of December 9, 1997, Jose left his house to do his rounds. At around 10:00 p.m., Veronica Dacir, Jose’s live-in partner, heard Jose shouting and calling her name and went to where Jose was and saw blood at his back and shorts. It was there that Jose told Veronica that he was held by Boboy (petitioner Alberto Brucales), while Paul (petitioner Rodolfo Belbis, Jr.) stabbed him. Jose was brought to Albay Provincial Hospital where he was confined for 6 days. Jose was brought back to the hospital on January 7, 1998 and it was found out that his kidneys had inflamed due to infection. He died the next day.

Version of the Defense:

            Around 10:00 p.m. of December 9, 1997, petitioners were outside a store in engaged in a conversation with other people when Jose went to them and told them to go home. While on their way home, they heard Jose’s whistle go off as the latter was following them. Rodolfo asked Jose what is the matter and the latter replied, “What about?” Suddenly, Jose thrust a nightstick on Rodolfo, but the latter was able to evade it. The night stick was actually a bolo sheathed on a scabbard. Rodolfo and Jose grappled for the bolo while Alberto was merely shouting at them to stop. Rodolfo eventually got hold of the bolo but he suffered a wound in his hand so Alberto took him to the hospital.

ISSUE:

Whether or not the allegations of the accused is credible to cast a reasonable doubt which would warrant his acquittal

HELD:

          No, petitioner Rodolfo admitted stabbing the victim but insists that he had done the deed to defend himself. It is settled that when an accused admits killing the victim but invokes self-defense to escape criminal liability, the accused assumes the burden to establish his plea by credible, clear and convincing evidence; otherwise, conviction would follow from his admission that he killed the victim.

The unlawful aggression, a requisite for self-defense, on the part of the victim ceased when petitioner Rodolfo was able to get hold of the bladed weapon. Rodolfo, who was in possession of the same weapon, already became the unlawful aggressor. Furthermore, the means employed by a person claiming self-defense must be commensurate to the nature and the extent of the attack sought to be averted, and must be rationally necessary to prevent or repel an unlawful aggression. In the present case, four stab wounds to the back of the victim are not necessary to prevent the alleged continuous unlawful aggression from the victim as the latter was already without a weapon.

Moreover, the fact that there is a lapse of time from the incident and the death of the victim is not controlling since what really needs to be proven in a case when the victim dies is the proximate cause of his death. It can be concluded from the doctors’ testimonies that without the stab wounds, the victim could not have been afflicted with an infection which later on caused multiple organ failure that caused his death. The offender is criminally liable for the death of the victim if his delictual act caused, accelerated or contributed to the death of the victim. The petitioners are found guilty of homicide.