Case People vs. Maramara, G.R. No.

110994, 22 October 1999

Facts Accused-appellant was convicted of murder in the RTC.

A benefit dance sponsored by Calpi Elementary School PTA of which the
accused-appellant is the president was held in the yard of the latter. While
the Ricardo (brother of the victim) was dancing with Rowena, Dante Arce,
friend of accused-appellant approached Ricardo and boxed him on the chest.
Ricardo scampered towards the fence. The victim, Miguelito was 2 meters
away from him. The accused-appellant then took his handgun and fired at the
victim.
Accused-appellant alleged that it was the two brothers who ganged up on
Dante and that he only tried to pacify the situation. That Ricardo held both of
his hands and Miguelito stabbed him on the chest several times.
The accused-appellant challenges the said decision of RTC, hoping he would
be liable only for the death of the victim in a tumultuous affray.

Issue Whether accused-appellant should be held liable only for death caused in a
tumultuous affray.

Ruling No. There is no merit in accused-appellant's position that he should be held

liable only for death caused in a tumultuous affray under Article 251 of the
Revised Penal Code. It was in such situation that accused came at the scene
and joined the fray purportedly to pacify the protagonists when Miguelito
attacked him causing four (4) stab wounds in different parts of his body —
two on the stomach, one on the left nipple, and one on the left arm. Then
accused-appellant with his handgun shot Miguelito.
Assuming that a rumble or a free-for-all fight occurred at the benefit dance,
Article 251 of the Revised Penal Code cannot apply because prosecution
witnesses Ricardo and Regarder (father of the brothers) Donato positively
identified accused-appellant as Miguelito Donato's killer.
While accused-appellant himself suffered multiple stab wounds which, at first
blush, may lend verity to his claim that a rumble ensued and that victim
Miguelito inflicted upon him these wounds, the evidence is inadequate to
consider them as a mitigating circumstance because the defense's version
stands discredited in light of the more credible version of the prosecution as
to the circumstances surrounding the Miguelito's death.
Treachery is absent. Appellant can be convicted only of homicide.

Doctrine