G.R. No. 131835 - PEOPLE OF THE PHILIPPINES, VS. ARNULFO[1] QUILATON ALIAS "ARNOLD," PATRICIO QUIYO, DIDING MAMALINGPING, AVELINO AHAO Y LATIMBANG, HILDO BUACON Y EMPONG, ACCUSED;ARNULFO QUILATON ALIAS "ARNOLD,".D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, prescinding from all the foregoing considerations, the Court hereby pronounces the accused Avelino Ahao, Hildo Buacon and Arnulfo Quilaton guilty of the crime charged beyond reasonable doubt and accordingly hereby sentences each to undergo [the] prison term of [r]eclusion [p]erpetua for the death of Pio de Juan and Arturo Laos, [4] to indemnify the heirs of Arturo Laos and Pio de Juan and for [the] frustrated murder of Jerry de Juan, Arnel Laos and Carlito Taping, the Court hereby sentences each to suffer an indeterminate penalty ranging from eight years of prision mayor, as minimum, to seventeen years and four (4) months of Reclusion Temporal as maximum and to pay medical expenses incurred by the victim. "The criminal liability of Patricio Quiyo and Diding Mamalingping is extinguished pursuant to Art. 89 of the Revised Penal Code." On September 23, 1982, acting Second Assistant Provincial Fiscal Camilo O. Fulvadora filed an Information dated September 17, 1982, charging herein appellant and the other accused as follows: [5] "That on or about August 9, 1980, at Barangay Kauswagan, Municipality of Magpet, Province of North Cotabato, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a 20 gauge pistol, ax, claw bar, and a hoe, with intent to kill, conspiring, confederating together and mutually helping one another, with treachery and evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault, ax and wound Arturo Laus and Pio de Juan, thereby hitting and inflicting upon the latter mortal wounds on the vital parts of their bodies which caused their instantaneous death, and on the same occasion, the same accused with intent to kill, and in treacherous manner, did then and there willfully, unlawfully and feloniously beat Jerry de Juan, strike Arnel Laus, hack and shoot Carlito Taping, hitting and inflicting on the vital parts of their bodies, thus performing all the acts of execution which would have produced the crime of Triple Murder, as a consequence, but nevertheless, did not produce it by reason of causes independent of the will of the perpetrators, that is, by the timely and able medical assistance rendered to Jerry de Juan, Arnel Laus and Carlito Taping which prevented their death." Accused Diding Mamalimping and Patricio Quiyo died during the pendency of the proceedings in the trial court. [6] On June 16, 1983, the three other accused, with the assistance of Attys. Gregory Yarra and Jorge Zerrudo, entered a plea of not guilty. [7] A rather lengthy trial ensued. On March 20, 1996, [8] the trial court promulgated its "Judgment" dated February 5, 1996. In an Order dated June 17, 1996, the court a quo denied Quilatons Motion for Reconsideration. [9] Hence, this appeal filed by Quilaton only. [10] The Facts Version of the Prosecution In its Brief, [11] the prosecution summarized the facts of this case as follows: [12] "[O]n the evening of August 9, 19