G.R. No. 144937 - PEOPLE OF THE PHILIPPINES, VS. NICANOR ALZAGA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, PREMISES CONSIDERED, this Court finds accused Nicanor Alzaga Guilty beyond reasonable doubt for the crime of Murder as defined and penalized under Art. 248 of the Revised Penal Code as amended by RA 7659 and he is hereby sentenced to suffer the imprisonment of reclusion perpetua in the absence of any aggravating or mitigating circumstances and to suffer the accessory penalties provided by law specifically Art. 41 of the Revised Penal Code and to indemnify the heirs of Eduardo de la Cruz P50,000.00 in line with existing jurisprudence, P18,400.00 for funeral expenses and P50,000.00 for moral damages. The Clerk of Court is also directed to prepare the Mittimus for the immediate transfer of Nicanor Alzaga from the Parañaque City Jail to National Bureau of Prisons, Muntinlupa City. [2] Appellant was charged in an Information which alleged: That on or about the 22nd day of July 1997, in the Municipality of Parañaque, Metro Manila, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill and with treachery and evident premeditation, did then and there wilfully, unlawfully and feloniously attack assault and stab one Edgardo de la Cruz with a bladed weapon (bolo), thereby inflicting upon him serious and mortal wounds which directly caused his death. CONTRARY TO LAW. [3] On arraignment, appellant pleaded not guilty to the crime charged. Trial on the merits proceeded with the prosecution presenting its version of the facts through the testimonies of witnesses Felisa España, Rodigario Romero, Elena Lazarra, Dr. Antonio Vertido and SPO2 Fidel Alhambra. A summary of the testimonies of the prosecution witnesses showed that, at around 6:00 p.m. on July 22, 1997, an untoward incident snuffed out the life of Edgardo de la Cruz. Edgardo appeared drunk then as he had just engaged in a drinking spree with some of his friends. [4] He was on his way home. Before reaching his house, however, Edgardo had to pass appellants house. While he was walking in front of appellants house, appellant suddenly emerged and pulled out a bolo from the side of the door of his house. [5] Appellant uttered something which prompted Edgardo to turn and face him. Appellant suddenly stabbed Edgardo at the right side of his chest and thereafter went back inside his house. [6] Felisa España, Edgardos common-law wife, who witnessed the incident, shouted for help and rushed him to the Olivarez Hospital. He was, however, declared dead on arrival. SPO2 Fidel Alhambra responded to the call for police assistance and rushed to the crime scene. After he called on appellant to surrender, the latter gave himself up. Dr. Antonio Vertido, senior medical officer of the NBI, performed an autopsy on the body of the victim. He issued autopsy report no. 97-2000 [7] and testified that the victim sustained a stab wound on the right side of the chest, possibly caused by a single bladed weapon. Based on the location of the wound, the assailant