G.R. No. 112445 - THE PEOPLE OF THE PHILIPPINES, VS. CARLOS PATROLLA, JR. Y VEGA, ACCUSED-.

Ruling

Accordingly, the trial court rendered a decision finding Alex guilty of homicide with the mitigating circumstance of voluntary surrender, and sentencing him to an indeterminate sentence of twelve years and one day to fourteen years, to indemnify the heirs of Nido Panogalinog in the amount of P30,000.00 and to pay costs. [3] Trial proceeded against appellant. In a decision dated August 26, 1993, the trial court convicted appellant, the dispositive portion of which reads: WHEREFORE, the accused CARLOS V. PATROLLA, JR ., is hereby sentenced to suffer the penalty of RECLUSION PERPETUA in regard to his participation on the murder of the late Nido Panogalinog and suffer the penalty of ONE MONTH AND ONE (1) DAY OF ARRESTO MAYOR in its minimum period of said penalty for the Less Serious Physical Injuries he has inflicted upon the person of Mrs. Belinda Panogalinog. Said accused is likewise hereby sentenced and ordered to indemnify the heirs of the late Nido Panogalinog in the amount of FIFTY THOUSAND (P50,000.00) PESOS for the life of the victim, THIRTY THOUSAND (P30,000.00) PESOS by way of moral damages and TWENTY THOUSAND (20,000.00) PESOS by way of exemplary damages. [4] The facts as found by the trial court may be summarized as follows: At around 5:40 in the afternoon of September 28, 1991, spouses Nido and Belinda Panogalinog were tending their barbecue stand along Burgos Street in San Carlos City. Coming from Burgos Street Interior, appellant and his brother Alex approached the spouses. Each brother was armed with a sharp-pointed instrument locally known as "pinuti." [5] Reaching the spouses, appellant stabbed Nido, and with the same blow, hit Belindas palm. [6] Nido shouted to Belinda to run, and she ran to the store of Angging Flores. From there she watched as the brothers continued to assault Nido. [7] The brothers positioned themselves on each side of Nido, so that when Nido would run to either side, appellant or his brother would meet him with stabs. Nido fell to the ground and the brothers continued to stab him. [8] Through with stabbling Nido, appellant loudly challenged anyone to defend the victim, stating: "Kinsa and isog nga mulaban kang Nido." [9] The brothers then stayed at the scene to smoke. After the appellants left, Belinda rushed to Nido and found him bloodied and lying on the ground still alive. Moments later, Nido died. A neighbor then took Belinda to the hospital where she was treated by Dr. Larry Yap. [10] Dr. Yap later conducted a postmortem examination on Nido. He concluded that Nido died of "shock secondary to severe hemorrhage due to multiple stab wounds." [11] In this appeal, appellant asserts that the trial court erred when it: 1) found him guilty beyond reasonable doubt of the crime of murder and less physical injuries; 2) held him guilty notwithstanding the assertion of Alex Patrolla, appellants brother, that he alone killed Nido; and 3) failed to appreciate his defense of alibi. [12] We first consider the effect on t