G.R. No. 132123 - PEOPLE OF THE PHILIPPINES, VS. NOMER DELOS SANTOS, RICO RAMOS, LEOPOLDO ABARIENTOS AND SANTIAGO DE LUNA, ACCUSED NOMER DELOS SANTOS, RICO RAMOS AND LEOPOLDO ABARIENTOS. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing findings that the prosecution was able to prove beyond reasonable doubt the guilt of accused Nomer delos Santos, Rico Ramos and Leopoldo Abarientos of the crime of murder of which they are presently charged, judgment is hereby rendered whereby in the absence of any of the aggravating or mitigating circumstances, said three (3) accused are hereby sentenced to suffer the penalty of reclusion perpetua; to pay jointly and severally the surviving heirs of Jose Estrada, particularly his widow Florenia Estrada the sum of TWENTY-THREE THOUSAND EIGHT HUNDRED NINETY-TWO (P23,892.00) PESOS, representing actual damages; FIFTY THOUSAND (P50,000.00) PESOS, as indemnity for the death of Jose Estrada and moral damages in the amount of SEVENTY THOUSAND (P70,000.00) PESOS; and to pay the costs." [2] (Emphasis in original.) The Information, [3] dated March 19, 1997, charged appellants [4] as follows: "That on or about the 15th day of December, 1996 in Tinalmud, Pasacao, Camarines Sur, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating together and mutually helping each other, with intent to kill and by means of treachery and taking advantage of their mutual strength, did then and there willfully, unlawfully and feloniously assault, attack and shoot with a hand gun Jose Estrada, thereby inflicting upon the latter the mortal wound on his head which resulted in his instantaneous death, to the damage and prejudice of his heirs in the amount that may be proven in court." [5] When arraigned on May 9, 1997, appellants pleaded [6] not guilty. [7] After due trial, the trial court promulgated its assailed Decision. Hence, this appeal. [8] The Facts Prosecution's Version In its Brief, [9] the Office of the Solicitor General presents the prosecution's version of the facts as follows: "At around 2:00 o'clock [o]n the afternoon of December 15, 1996, victim Jose Estrada was with his wife and son at the town proper of Pasacao, Camarines Sur. They proce[e]ded to Nacoco, where they boarded a motorboat to go home to Tinalmud, Pasacao, Camarines Sur. Victim Jose Estrada sat at the rear portion of the motor boat while his wife and son sat about two arms length in front of him. "Thereafter, appellants Nomer de los Santos, Rico Ramos, Leopoldo Abarientos and co-accused Santiago de Luna (still-at-large) boarded the motor boat and sat at the front portion of the vessel. The group drank liquor while on board the motor boat. When the boat started to move, appellant Nomer de los Santos moved to the rear portion of the boat and sat at about one (1) meter from the victim. "Suddenly Florentina [10] Estrada heard a gun shot. She turned and saw her husband Jose Estrada with blood oozing from his nose and mouth. She then saw appellant Nomer de los Santos standing next to her husband holding a gun. Florentina Estrada pleaded for appellant de los Santos to take her husband to the hospital but the