G.R. Nos. 140393-94 - PEOPLE OF THE PHILIPPINES, VS. MARCOS ASUELA, JUANITO ASUELA, ALBERTO ASUELA, ROGER ASUELA, TEOFILO “BOYET” CAPACILLO, JUN-JUN ASUELA (AT LARGE) AND MIGUEL ASUELA (AT LARGE), ACCUSED. MARCOS ASUELA, JUANITO ASUELA, ALBERTO ASUELA, ROGER ASUELA AND TEOFILO “BOYET” CAPACILLO.

Ruling

WHEREFORE, premises considered, Judgment is hereby rendered in these cases as follows: 1) In Crim. Case No. 3366, finding accused Juanito Asuela, Marcos Asuela, Alberto Asuela, Roger Asuela, and Teofilo Boyet Capacillo GUILTY beyond reasonable doubt of the crime of murder, as defined and penalized under Art. 248 of the Revised Penal Code, and sentencing each of them to suffer the penalty of reclusion perpetua and to indemnify the heirs of Wilfredo Villanueva in the amount of P50,000.00 and to pay the costs. 2) In Crim. Case No. 3365, finding accused Juanito Asuela, Marcos Asuela, Alberto Asuela, and Teofilo Boyet Capacillo GUILTY beyond reasonable doubt of the crime of frustrated murder as defined and penalized under Art. 248 of the Revised Penal Code and sentencing each of them to suffer imprisonment of fourteen (14) years, eight (8) months and one (1) day of reclusion temporal and to pay the costs. As against accused Jun-jun Asuela and Miguel Asuela, who have, to date, remained at-large, let a warrant of arrest be issued against them and let these cases be, in the meantime, sent to the archives without prejudice to their reinstatement upon apprehension of the said accused. [2] This case originated from the September 24, 1997 Information [3] signed by Third Assistant Prosecutor Nestor V. Gapuzan, charging Appellants Marcos Asuela, Juanito Asuela, Alberto Asuela, Rogelio Roger Asuela and Teofilo Boyet Capacillo [4] with frustrated murder, allegedly committed as follows: That on or about the 7 th day of September 1997 in the Municipality of San Mateo, Province of Rizal, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and all of them mutually helping and aiding one another, armed with a lead [pipe] and pieces of wood, with intent to kill and with abuse of superior strength, did then and there wilfully, unlawfully and feloniously attack assault and stab one ANTHONY A. VILLANUEVA on his body, thus performing all the acts of execution which could have produced the crime of murder as a consequence but nevertheless did not produce it by reason of cause independent of his will, that is, due to the timely and able medical attendance rendered to said ANTHONY A. VILANUEVA which prevented his death. [5] That same day, the same prosecutor filed against appellants another Information, [6] this time for murder, as follows: That on or about the 7 th day of September 1997 in the Municipality of San Mateo, Province of Rizal, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating together and all of them mutually helping and aiding one another, armed with a lead [pipe] and pieces of wood, with intent to kill employing means to weaken the defense of the victim, one WILFREDO VILLANUEVA, by spraying him with [tear gas] in the eyes and taking advantage of their superior strength did then and there wilfully, unl