G.R. No. 212206 - PEOPLE OF THE PHILIPPINES, VS. GABBY CONCEPCION Y NIMENDA AND TOTO MORALES, ACCUSED-.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE , the foregoing considered, this [c]ourt finds the Accused LEOPOLDO CAGURING y LOSA a.k.a. POLDO, ALGEL NEGAPATAN y CASTRO, MARTIN ESGANA y LOMACANG a.k.a . MAMAY, GABBY CONCEPCION y NIMENDA, and TOTO MORALES guilty beyond reasonable doubt of crime of MURDER . Accused GABBY CONCEPCION y NIMENDA and TOTO MORALES are sentenced to suffer the penalty of Reclusion Perpetua. Accused LEOPOLDO CAGURING y LOSA a.k.a . POLDO, ALGEL NEGAPATAN y CASTRO , MARTIN ESGANA y LOMACANG a.k.a. MAMAY , being minors are entitled to the privileged mitigating circumstance of minority and are sentenced to suffer the penalty of six (6) years of Prision Mayor as minimum to fourteen (14) years eight (8) months and one (1) day of Reclusion Temporal as maximum. Considering, however that accused LEOPOLDO CAGURING y LOSA a.k.a. POLDO, ALGEL NEGAPATAN y CASTRO, MARTIN ESGANA y LOMACANG a.k.a. MAMAY were minors at the time of the commission of the crime, the Department of Social Welfare and Development (DSWD) and the Bureau of Corrections (BUCOR) is directed to facilitate the confinement of the said minors in an agricultural camp or other training facilities. The Department of Social Welfare and Development (DSWD) and the Bureau of Corrections (BUCOR) are likewise directed to make a report with respect to accused LEOPOLDO CAGURING y LOSA a.k.a . POLDO, ALGEL NEGAPATAN y CASTRO, MARTIN ESGANA y LOMACANG a.k.a. MAMAY within ten (10) days from the time this case becomes final and executory. Accused LEOPOLDO CAGURING y LOSA a.k.a. POLDO, ALGEL NEGAPATAN y CASTRO, MARTIN ESGANA y LOMACANG a.k.a. MAMAY, GABBY CONCEPCION y NIMENDA and TOTO MORALES are likewise directed to pay the legal heirs of the Jessie Asis y Namoc the amounts of FIFTY THOUSAND PESOS (P50,000.00) as civil indemnity, and FIFTY THOUSAND PESOS (P50,000.00) as moral damages and TWENTY FIVE THOUSAND PESOS (P25,000.00) as temperate damages. Let warrant of arrest be issued against ELLOY CAGURING who remains at large up to this time. In the meantime, let this case against accused Elloy Caguring be archived subject to automatic revival upon his arrest. Furnish the Department of Social Welfare and Development (DSWD) and Bureau of Corrections (BUCOR) of this Decision. [9] The trial court found that the killing was attended by treachery and that appellants conspired to kill Jessie. The trial court gave credence to the testimony of eyewitness Reggie who had no motive to falsely testify against appellants. The trial court also considered the flights of appellant Toto and accused Elloy as indicia of guilt. Aggrieved, appellants appealed to the Court of Appeals. In their Brief, [10] appellants first argue that Reggie's testimony is full of inconsistencies pertaining to the following: (1) number of stab wounds inflicted on the victim; (2) where the victim came prior to the incident; (3) the reason why Reggie was at the situs criminis ; and (4) whether the victim was alone when the crime happened. Second, appellants stress t