G.R. No. 142447 - PEOPLE OF THE PHILIPPINES, VS. CARMELITO VICENTE Y FIGO, REY BALLERA Y BERSABAL AND CARLOS BERSABAL Y BINAS, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly filed on 16 September 1998 against Rey Ballera, Carmelito Vicente and Carlos Bersabal. [1] The prosecution presented Venus Matibag, wife of Melvyn, and John Lyndon Matibag, their eight (8)-year old son, as eyewitnesses, together with Jerry Fajardo, Rolando Constantino, Ramir Garciano, Dr. Emmanuel Aranas, and Police Officers Dennis Dacanay and Pedro Abrigo to bolster the eyewitness account of Venus and John Lyndon. Specifically, Venus Matibag testified that on 13 September 1998, at around eight o'clock in the evening, her husband Melvyn together with their next-door neighbor Jerry left home to test-drive his newly-repaired tricycle. Fifteen (15) minutes later she heard a commotion which prompted her to investigate the matter. While she stood outside her house, she saw Jerry being chased by accused-appellants with her husband Melvyn following behind. She noticed that her husband could barely control his steps. She was distracted by Jerry who shouted to his wife, "Mama akin na `yung itak dyan . " When she looked at her husband again she saw him being stabbed by a fleeing man whom she identified as accused-appellant Rey Ballera. She ran to where her husband fell and witnessed how her son John Lyndon courageously plucked a hunting knife embedded in his father's left chest. Thereafter, she rushed him to the hospital where he was pronounced "dead on arrival." [2] John Lyndon Matibag , eight (8)-year old son of the deceased, testified that he saw the actual stabbing of his father. He said that at around eight o'clock in the evening of 13 September 1998 he was asked by his mother to buy a few sticks of cigarette at a nearby sari-sari store. On the way home he saw across the street his father sauntering, wounded and bleeding. Then he saw another man whom he identified as Rey Ballera stab his father at the left chest. He rushed towards his father who was already gasping for breath, apparently conscious of an impending death as he was heard to be saying, "Oh Lord, sana mabuhay pa ako . " His father pleaded that the knife stuck deep into his chest be removed. As he sobbed John Lyndon extricated the knife from his father's chest with his bare hands and threw it beside a trash can. His mother wept as they carried his father's body in a tricycle to take him to the hospital. [3] Jerry Fajardo also identified accused-appellants Rey Ballera, Carmelito Vicente and Carlos Bersabal as among those who ganged up on Melvyn. [4] According to Jerry, as he exchanged blows with the aggressors he noticed that Melvyn had been stabbed by one of them. However, he scampered away when he saw accused-appellant Rey Ballera draw a fan knife from his pocket. When he looked behind him he saw the same accused-appellant and the deceased Melvyn both running towards him. After taking a couple of steps he looked back again and saw Melvyn collapse to the ground. He later accompanied the barangay tanods searching for the aggressors. But not before he identified accused-appellants