G.R. No. 129254 - PEOPLE OF THE PHILIPPINES, VS. RICARDO JANAIRO Y BACOMO, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Court finds that the [p]rosecution has proven Ricardo Janairo guilty beyond reasonable doubt of the crime of [h]omicide and sentences him to suffer the penalty of RECLUSION PERPETUA with all its accessory penalties and to pay the heirs of Bencibeis Aguilar actual damages in the amount of P39,789.26 and P50,000.00 as compensation for the death of Bencibeis Aguilar." [10] Hence, this appeal. [11] The Facts Version of the Prosecution In its Brief, [12] the prosecution presents its version of the facts of the case in this wise: "At about four o'clock in the afternoon of October 24, 1992[,] Bencebeis `Pakay' Aguilar was walking towards his house inside the PSC Compound, Puerto Princesa City. Ricardo Janairo was walking towards Aguilar. When the two met at a certain point near Aguilar's house, Janairo suddenly stabbed Aguilar with a blade and immediately ran away. "Aguilar managed to walk to his house where he fell in front of the stairs. He was brought to the hospital in San Pedro but he [eventually] died of the mortal wounds he sustained. The blade entered through the anterior left chest penetrating the heart. "Previous to said incident, the two men had figured in an altercation. Janairo had asked permission from Aguilar, who was the guard on duty at the PSC gate, if he could bring a tricycle inside the compound. The request was denied by the latter. An exchange of words followed and ended with Janairo making a threat: `Babalikan ka namin.'" [13] (citations omitted) Version of the Defense On the other hand, the Appellant's Brief [14] narrates the facts in the following manner: "The case arose out of an incident which transpired on October 24, 1992 while accused was on his way out of the PSC Compound, where the accused met Bencebeis Aguilar. Bencebeis Aguilar berated Ricardo Janairo by calling the latter `son of a bitch, you are a brat'. "Mr. Aguilar, by his words and facial expression, was drunk[.] This triggered an altercation between the two. For as testified by witness Elma Denalo, [15] at about 4:00 o'clock in the afternoon of October 24, 1992, while she and Dina Mediodia were passing by [the] PSC compound, they saw two persons having an altercation as their action and tone of their voice [showed]. Elma Denalo came to know that the bigger one was Pakay Aguilar and the small one Ricardo Janairo. They were having an altercation facing each other. When Elma Denalo and companion were more or less 1 1/2 meters near the two persons having an altercation, she saw the two grapple for the possession of the knife. "Ricardo Janairo testified that Bencebeis Aguilar likewise stabbed him with a knife, but he was able to parry the same. Thereafter, they both grappled for the possession of the knife. Ricardo Janairo was holding the hand of Bencebeis Aguilar and the latter likewise. Thereafter, Ricardo Janairo fell on top of Mr. Bencebeis Aguilar. After [that], the former stood up as did the latter[.] "It was when the two of th