G.R. No. 139179 - PEOPLE OF THE PHILIPPINES, VS. WILFREDO TOLENTINO Y ESPERAT AND JONATHAN FABROS Y CASTRO, ACCUSED. JONATHAN FABROS Y CASTRO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding the accused Wilfredo Tolentino and Jonathan Fabros guilty beyond reasonable doubt of the crime of murder, and taking into consideration the aggravating circumstance of dwelling (morada) without any mitigating circumstance to offset the same, the Court hereby sentences the above-named accused separately to suffer the penalty of [r]eclusion [p]erpetua, to pay separately the heirs of the victim the sum of P50,000.00 as moral damages, the sum of P50,000.00 as exemplary damages, and to indemnify the said heirs [in] the sum of P15,000.00 as actual damages, and to pay the costs. [2] The Information, dated March 2, 1996, charged appellant as follows: That on or about February 28, 1996, in the City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a piece of wood and knife, conspiring and confederating together, mutually aiding and assisting with one another, by means of treachery and evident premeditation and with intent to kill, did then and there without any warning, assault, attack and stab with the use of said weapons that they were armed with, at the person of HERNAN SAGARIO y CUESTA, thereby inflicting mortal wounds on the different parts of the latters body which directly caused his death, to the damage and prejudice of the heirs of said victim. That the commission of the above-stated offense has been attended by the following aggravating circumstances, to wit: 1. Abuse of superior strength; and 2. Dwelling. [3] With the assistance of counsel, [4] appellant pleaded not guilty when arraigned on June 7, 1996. [5] After due trial, the RTC rendered the assailed Decision. The Facts Version of the Prosecution The prosecutions version of the facts is summarized by the Office of the Solicitor General as follows: [6] On February 28, 1996 around 7:30 in the evening, appellant and his cousins, Sheila Guilayan and Merwin Ledesma, were at their house in Luyahan, Pasonanca, Zamboanga City when their neighbor Wilfredo Tolentino called them. When asked what was it all about, Wilfredo simply motioned to them to come to his house located just across the road. Once they were inside the house, Wilfredo immediately revealed his plan to kill Hernan Sagario, Sheilas stepfather. Wilfredo explained that it was the only way to free Sheilas mother - appellants aunt - of the sufferings being caused by Hernan. Wilfredo then instructed Merwin to go back to the house and get the bolo of Hernan. Merwin obliged, got the bolo, and gave it to Wilfredo. Thereafter, they were told by Wilfredo to go home and wait for Hernan. Around 8:30 in the evening, Hernan arrived. He went directly to the kitchen and fixed the bag of rice he was carrying. Meanwhile, appellant, together with Sheila and Merwin, just stayed quiet in the living room. Moments later, Wilfredo with a 2x2 piece of wood in his hand entered the house. He then followed Hernan towards the kitchen. When about an armslength away fro