G.R. No. 132324 - PEOPLE OF THE PHILIPPINES, VS. NORLITO TAN @ “NORLY” AND JOSE TAN, ACCUSED-.

Ruling

WHEREFORE, in view of the foregoing, judgment is hereby rendered finding the accused NORLY alias NORLITO TAN guilty beyond reasonable doubt of the offense of MURDER and is hereby imposed the penalty of RECLUSION PERPETUA ranging from twenty (20) years and one (1) day to forty (40) years while the other accused JOSE TAN is also adjudged guilty as an accomplice to the offense of MURDER and is hereby imposed an indeterminate penalty of PRISION MAYOR in its medium period ranging from eight (8) years and one (1) day as minimum to ten years (10) as maximum, together with its accessory penalties. As civil liability, both accused are hereby ordered to pay the heirs of MODESTO OLOS, represented by his widow, Ofelia Nueca Olos, the sum of FIFTY THOUSAND PESOS (P50,000.00) Philippine currency with costs against them. The accused Norly Tan and Jose Tan are credited with the full period of their preventive imprisonment if they agreed in writing to abide with all the terms and conditions of their provisional detention, otherwise, to only 4/5 thereof. [6] The appellants lodged their appeal with the Court of Appeals which, in view of the penalty imposed, forwarded it to this Court. [7] The Facts Version of the Prosecution In the Peoples Brief, [8] the Office of the Solicitor General presents the facts as viewed by the prosecution in this wise: On September 6, 1993, at about 6:00 p.m., Ramon Nueca was weeding his ricefield located at Gatbo, Ocampo, Camarines Sur. At that time, there was still sunlight. (pp. 7-8, TSN, July 3, 1996). At a distance of about twenty (20) meters, Ramon Nueca saw Magalino Olos, (who was also his brother-in-law), walking along the road going to Gatbo. At that time, appellant Jose Tan who was then sixteen (16) years old, was also walking infront of Olos. Appellant Norlito Tan, (brother of appellant Jose Tan), who was holding an eight-inch knife known as gatab, suddenly emerged from the grassy portion at the right side of the road where the grasses [were] higher than a person. Appellant Norlito Tan stabbed Olos three (3) times. Olos was hit twice at the upper portion of his back and once at his abdomen. Thereafter, appellant Jose Tan threw a stone at Olos, hitting him at his neck (pp. 9-16, 35-37, TSN, July 3, 1996). Ramon Nueca decided to go to the place of the incident to pacify appellants. However, when appellants saw Ramon Nueca coming, they fled. Ramon Nueca and his brother, Simplicio, brought Olos to the Municipal Hall of Ocampo. From there, Olos was brought by an ambulance to the Bicol Regional Hospital in Naga City where he later died. (pp. 18-20, TSN, July 3, 1996). Olos was examined and treated at the Bicol Regional Hospital by a certain Dr. Jullie Sy. However, at the time of the trial of this case, he was no longer connected with [the]Bicol Regional Hospital, hence, was not available to testify in this case. His findings as reflected in the medical certificate (Exhibit B) which he issued were interpreted by Dr. Thomas