G.R. No. 103968 - PEOPLE OF THE PHILIPPINES, VS. DIMSON M. GARDE, ACCUSED-.

Ruling

WHEREFORE, the court finds both accused Dimson Garde and Edeme Tayapad guilty beyond reasonable doubt of the crime of murder for the killing of Noli Diaz and hereby sentences them to suffer the penalty of reclusion perpetua and to indemnify the surviving spouse of the deceased the sum of P30,000.00 as indemnity for his death and P10,000.00 as moral damages suffered by the surviving spouse, without subsidiary imprisonment in case of insolvency, but with the accessory penalties provided for by law." [6] The instant appeal is interposed by accused Dimson M. Garde. Edeme C. Tayapad appears to be "at large." [7] Appellant Garde asserts that the trial court has erred (a) in finding him guilty beyond reasonable doubt of the crime of murder, and (b) in admitting his extra-judicial confession. The Court has closely scrutinized the records, and it is convinced that the trial court did not misjudge the case. The Court is particularly impressed by the testimony of prosecution witness Jonathan Balabag whose eyewitness account of the incident not only appears to be clear and credible but likewise substantially coincides with the physical evidence and the medical findings [8] on the case. Balabag testified: "Q Now, when you said Paris tapped the shoulder of the deceased Noli Diaz, where was Paris situated when he tapped the shoulder of Noli Diaz? "A Paris was at the back of Noli and he tapped the shoulder on Noli and then stabbed him. "Q So, you want to convey to his Honorable Court that when Paris tapped the shoulder of Noli Diaz, Noli Diaz has to turn around and then he was stabbed by Paris? "ATTY. LABIS: Objection, your honor. Leading. "COURT: Reform. "ATTY. ABASTILLAS: "Q Now, can you tell this Honorable Court how did Noli Diaz face the assailant Paris after he was tapped on the shoulder? "A He only turned his head, then he was stabbed. "Q After he was stabbed, did you see also the person of Dimson Garde? "A Yes, he suddenly approached Noli and stabbed him. "Q So, it was Paris who stabbed Noli Diaz first and then followed by Dimson Garde who suddenly appeared and stabbed Noli Diaz? "A Yes, sir. "Q When Dimson Garde stabbed Noli Diaz, was Noli Diaz facing Dimson Garde? "A He just turned his head and he was startled that they were already stabbing him. "Q Now, you said Dimson Garde and Paris were stabbing the deceased Noli Diaz. Could you tell us how many times did they stab Noli Diaz? "A They stabbed him many times. "Q Now, did Noli Diaz stay standing when they stabbed him? "A He was acting like he was trying to run away. "Q Did he fall down when he was stabbed? "A Afterwards, he fell and he was again stabbed by Paris. "Q Now, was there an occasion in which Noli Diaz was almost kneeling down while the two (2) assailants stabbing him? "A Yes, sir. "Q Where you able to see the weapon used by Edeme Tayapad alias Paris? "A Yes, sir. "Q If you were shown that weapon, could you still recognize it? "A Yes, sir. "Q Showing to you these two (2) weapons, one with a sc