G.R. No. 144090 - PEOPLE OF THE PHILIPPINES, VS. MICHAEL MAGUING Y SALIGUMBA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, this Court finds the accused Michael Maguing GUILTY beyond reasonable doubt of the offense of Murder charged in the Information, as qualified by the aggravating circumstance of abuse of superior strength and hereby sentences the accused to suffer the indivisible penalty of Reclusion Perpetua, to indemnify the heirs of Crisanto Saul for the death of the latter the amounts of P50,000.00 x x x; actual damages of P41,000.00 for burial expenses; and moral damages of P100,000.00; and to pay the costs." [2] The Information [3] dated August 18, 1993, charged appellant in these words: "That on or about the 12 th day of August, 1993, in the Municipality of Cainta, Province of Rizal, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating with a certain John Doe whose true [name] and whereabout[s] is unknown and mutually helping and aiding one another, both of them armed with guns, with intent to kill and by means of treachery did then and there wil[l]fully, unlawfully, feloniously shoot one Crisanto Saul thereby inflicting upon him gunshot wound which directly caused his death." [4] During his arraignment on February 8, 1994, appellant, with the assistance of his counsel de oficio , [5] pleaded not guilty to the charge. [6] After a trial on the merits, appellant was found guilty of murder. The Facts Version of the Prosecution In its Brief, the Office of the Solicitor General (OSG) presents the prosecution's version of the facts in this manner: "On August 12, 1993, around 11:30 p.m., spouses Crisanto and Evelyn Saul were in the house of the Jamias couple (Aniceto and Angelita) located at Block 29, Lot 28, Kabisig Floodway, Cainta, Rizal. With them were Honoria Ontanillas and Nestor Jamias. The group was talking animatedly concerning the deployment abroad of Honorio Ontanillas as well as Crisanto's deployment on the last week of that month of August. In the course of their conversation, two (2) masked intruders suddenly appeared from the door. One of the intruders pointed a gun at the temple of Crisanto then a shot rang out. Crisanto slumped on the floor. Evelyn was shoved inside a room by Aniceto Jamias and a scuffle ensued between the second intruder and the rest of the group of the Jamiases. The second intruder was subdued. Evelyn vividly recalled that the gunman who shot her husband had the letter `M' tattooed between his thumb and forefinger. "Post mortem examination conducted on the corpse of Crisanto Saul showed that the cause of his death was penetrating gunshot wound, left eye." [7] (Citations omitted) Version of the Defense Appellant, on the other hand, relates his version of the facts simply as follows: "Accused Michael Maguing interposed the defense of alibi. He testified that on August 12, 1993, he together with a certain Alex, Tetet and Dante were in the house of his uncle, Reynaldo Tanco, doing some repair works. They started working at 8:00 o'clock in the morning and