G.R. No. 45373 ; March 31, 1937
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PRIMO PARANA, defendant-appellant.

FACTS

On May 19, 1936, in Silay, Occidental Negros, the accused, Primo Parana, attacked and stabbed Manuel Montinola with a hunting knife. The attack began on the street when Montinola, having just left a gambling house, was approached from behind by Parana. Upon a warning shout, Montinola turned and saw Parana about to stab him. Montinola retreated but fell into a ditch, where Parana mounted him and continued stabbing. A witness, Liboro Montelibano, intervened and disarmed Parana. Montinola died six days later from his wounds. The night before, there had been a minor altercation between Parana and another gambler, which Montinola had admonished. On the morning of the crime, Parana purchased the knife and told an acquaintance he intended to wreak vengeance on someone. Parana had a prior conviction for homicide.

ISSUE

Whether the qualifying circumstance of treachery (alevosia) was present to elevate the killing to murder.

RULING

No. The Supreme Court, en banc, held that treachery was not present. While the initial attack from behind could be considered treacherous, the deceased became aware of the danger upon the warning, turned around, and was able to put up a defense during the struggle in the ditch. The means employed did not directly and specially ensure the execution without risk to the aggressor from the defense the victim might make. The crime is therefore simple homicide, not murder. The Court modified the trial court’s judgment accordingly, sentencing the appellant for the crime of homicide. (Note: The concurring and dissenting opinion of Justice Laurel further discussed the presence of mitigating circumstances, but the main ruling focused on the absence of treachery).

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