G.R. No. 143764 - PEOPLE OF THE PHILIPPINES, VS. SAM HINAUT, JESSIE HINAUT, JONATHAN HINAUT AND DIOSDADO HINAUT (AT LARGE), ACCUSED. SAM HINAUT.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, finding him guilty beyond reasonable doubt of the crime of murder, the Court hereby sentences accused Sam Hinaut to suffer the penalty of RECLUSION PERPETUA with the accessory penalty of the law and to indemnify the heirs of deceased Paquito Salibay in the amount of [s]ixty [t]housand (P60,000.00) [p]esos as death indemnity, plus P21,330.00 as actual damages. [2] The Amended Information [3] charged Diosdado Hinaut, Sam Hinaut, Jessie Hinaut and Jonathan Hinaut as follows: That at about 10:00 oclock in the evening of September 19, 1999 in [B]arangay Bunga, Oroquieta City and within the jurisdiction of this Honorable Court, the above-named accused conspiring, confederating and acting in concert, with intent to kill and taking advantage of superior strength and with treachery did then and there wilfully, unlawfully and feloniously assault, stab and hack Paquito Salibay causing injuries resulting [in] his instantaneous death. Contrary to Article 248 of the Revised Penal Code as amended by Republic Act No. 7659 with the qualifying circumstances of abuse of superior strength and treachery. [4] Only Jessie and Jonathan were arraigned [5] on November 7, 1999, because their co-accused -- Diosdado and Sam -- remained at large. [6] With the assistance of their counsel, both pleaded not guilty. [7] However, during pretrial, Jessie moved to change his plea of not guilty to guilty, while Jonathan moved to alter his plea of guilt from that of a principal to that of an accomplice only. [8] With the conformity of the prosecutor, the trial court ordered a re-arraignment. [9] In spite of the change of plea, the RTC nonetheless directed the prosecution to present its evidence because of the severity of the crime charged. On January 6, 2000, it rendered its Decision finding Jessie guilty of murder as a principal; and Jonathan, as an accomplice. On January 27, 2000, appellant was arrested in Clarin, Misamis Occidental. [10] When arraigned on February 7, 2000, [11] he pleaded not guilty. [12] After trial in due course, the RTC rendered the assailed Decision. The Facts Version of the Prosecution The prosecution presented the testimonies of Advenicer Lumacang, Dr. Jose Flores (medicolegal officer) and Felisa Salibay (the victims mother). The Office of the Solicitor General summarized the facts of the case as follows: Barangay Kagawad Advenicer Lumacang went out of their house to buy cigarettes around 10:00 oclock in the evening of September 19, 1999 in Bonga, Oroquieta City. Lumacang proceeded to the store of Noreng Salibay about forty (40) meters from his house. The store was already closed when Lumacang arrived but he saw Paquito Salibay, a brother of the store owner, Noreng Salibay, knocking at the door. After five minutes, Noreng Salibay opened the store and allowed Lumacang and her brother Paquito Salibay to buy cigarettes. Thereafter, Lumacang and Paquito Salibay proceeded to go home together as their houses were merely seven (7) meters apart.