G.R. Nos. 100460-61 - THE PEOPLE OF THE PHILIPPINES, VS. MOISES PANO Y BAYLOSIS, MARIANO FUENTES Y BAYLOSIS, ACCUSED-.

Ruling

WHEREFORE, premises considered, judgment is hereby rendered finding accused MOISES PANO and MARIANO FUENTES, GUILTY beyond reasonable doubt in - CRIMINAL CASE NO. CBU-8544 - of the crime of murder and hereby sentences each of them to a penalty of RECLUSION PERPETUA and to indemnify the heirs of Nestor Limbaga the sum of P30, 000. 00. CRIMINAL CASE NO. 8545 - of the crime of murder and hereby sentences each of them to a penalty of RECLUSION PERPETUA and to indemnify the heirs of Nestor Limbaga the sum of P30, 000. 00. With costs against them in both cases. xxx xxx xxx Accused CRISANTO FUENTES, however, was exonerated from any liability [4] thus: "Accused CRISANTO FUENTES is hereby acquitted of the crime charged in both information. The CPDRA jail warden is hereby directed to immediately effect his release, unless there is any other legal ground for his continued detention." On account of the acquittal of Crisanto Fuentes, he is not included as a party in the instant appeal. Appellants, filed their Notice of Appeal in the lower court on 4 July 1990, invoking this Courts appellate jurisdiction. [5] The events leading to the killing of the victims, and thereafter, rest largely on the testimonies of the following prosecution witnesses: [6] Gregorio Malabon testified that on November 13, 1985, he, together with appellants, Daniel Allanic and Vidal Fuentes were at the latters house, celebrating the baptism of appellant Marianos child. At this gathering, the appellants came to their decision to kill Sisenando Limbaga and Nestor Limbaga. When Malabon asked them the reason for their plan, he was told to stay out of it because he had no business relating thereto. Moises Pano allegedly repeated the same statement on November 20, 1985 at 3:00 oclock in the afternoon, this time in the house of Daniel Allanic, while Malabon, Pano and Allanic were having another drinking splurge. Thereupon, Pano dropped a 38 cal. Revolver on the table and later, left the group. He returned to Daniels house at 9:30 oclock in the evening, together with Mariano Fuentes who was wearing a bloody shirt. Moises Pano told those present, "do not go to Barangay Ampac because Sisenando and Nestor Limbaga are already dead." Witness Iluminada Limbaga testifying for the prosecution, related that she witnessed how the two appellants attacked and killed her father and cousin, the victims in this case. On November 20, 1985, at 7:30 oclock in the evening, she was sitting by the door of her house, which was about four fathoms away from the victim. Suddenly, she heard a shot and looked towards the direction or origin of the sound. She saw Moises Pano shoot her father Sisenando Limbaga and then turn and shoot at Nestor Limbaga, who was able to dodge the shot. Then she saw Mariano Fuentes, together with an unidentified person, overtake and subdue Nestor Limbaga. Mariano stabbed Nestor several times. Now frustrated and immobile, Nestor was likewise shot by Moises Pano three or four times. There