G.R. No. 122850 - PEOPLE OF THE PHILIPPINES, VS. NILO BARREDO, ROLANDO LAVEROS, CANDIDO LAJO, JR. AND PENEQUITO LAVEROS, ACCUSED, NILO BARREDO AND ROLANDO LAVEROS.

Ruling

WHEREFORE, in the light of the foregoing and finding the guilt of the accused beyond reasonable doubt, accused Rolando Laveros, Nilo Barrido and Candido Lajo Jr., alias Baruc, are hereby sentenced to an indeterminate sentence of TWELVE (12) and ONE (1) [sic] of reclusion temporal minimum and to EIGHTEEN (18) YEARS of reclusion temporal as maximum, and to pay the heirs of the deceased Nolito Cebuhano the sum of P30,000.00 in damages; and to pay the cost of the suit, without however, subsidiary penalty in case of insolvency." Acting on the appeal of the three accused, the Court of Appeals, [6] in its November 29, 1995 Decision, sentenced each one of them to reclusion perpetua, as follows: "WHEREFORE, the appealed decision is MODIFIED. Accused-appellants Rolando Laveros, Nilo Barrido, and Candido Lajo, Jr. are hereby found guilty beyond reasonable doubt of the crime of murder, defined and penalized under Article 248, Revised Penal Code, and each is sentenced to suffer imprisonment of reclusion perpetua. They are also ordered to indemnify jointly and severally the heirs of Nolito Cebuhano [in] the sum of P50,000.00. "Pursuant to the second Paragraph of Section 13, Rule 124 of the Revised Rules of Court, We refrain from entering judgment and certify the instant case and elevate the entire records to the Supreme Court for review." [7] In view of the penalty involved, the CA correctly refrained from entering judgment and certified the case to this Court. [8] In a Resolution dated July 31, 1996, [9] we dismissed the appeal of Lajo, because he jumped bail. Hence, we shall take up the appeal of Barredo and Laveros only. The Fact Evidence for the Prosecution In his Brief, the solicitor general [10] presented the prosecutions version of the facts in this manner: "On August 10, 1986, at around 10:00 p.m., Enrico Cebuhano was sound asleep in his house located at Brgy. Mangoso, Sigma, Capiz. Suddenly, he was awakened by the presence of masked and armed men inside his house. They passed through the window of the house using a ladder. "The intruders hogtied Enrico and at the same time told him that they were NPAs. After hogtying Enrico, the intruders brought Enrico downstairs after which they removed their masks. Enrico recognized the intruders as Penequito Laveros, Rolando Laveros, Nilo Barredo, Honorio Barredo and Candido Lajo, Jr. alias Baruc (p.2 tsn, March 5 1990). Honorato Barredo and Rolando Laveros demanded the sum of P10,000.00. Enrico told them that he did not have that much. Irked, Enrico was mauled the the intruders (p.3, tsn, Ibid.) "After the mauling, Enrico was made to squat on the ground guarded by Penequito Laveros and Honorato Barredo who pointed their guns at his head and shoulder. Enricos mouth was stuffed with santol leaves and the barrel of a gun was shoved to it. (p.4, tsn, Ibid). "The intruders later brought Enrico to the house of Nolito Cebuhano, Enricos son, after which they removed the santol leaves from his mouth. Enrico was or