G.R. No. 118334 - PEOPLE OF THE PHILIPPINES, VS. LARRY CONSEJERO Y PASCUA AND ROMMEL MALAPIT (AT LARGE), ACCUSED.LARRY CONSEJERO Y PASCUA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly issued an M-14 armalite rifle. He recounted that in the afternoon of May 25, 1989, on his own initiative, he went to the Office of SPO3 Rogelio Constantino, PNP, Lal-lo, Police Station to ask permission to go to the then 117th Philippine Constabulary Company at Barangay Punta, Aparri, Cagayan, to report the presence of some New People's Army members along the other side of the Cagayan River at Sitio Sianig, Barangay Fabrica, Lal-lo, Cagayan. Accused-appellant left his M-14 armalite rifle with one Rey Conseja, another CAFGU member, before going to Aparri, Cagayan. He arrived there at around 3:00 o'clock in the afternoon of May 25, 1989, and immediately reported to SPO3 Edgardo Daniel. [10] Accused-appellant further testified that on his way to get a ride home, he met two police officers in the person of SPO1 Porfirio Divina and SPO3 Amante Gorospe, who invited him to have a drinking spree inside the headquarters of the PNP of Aparri. They later transferred to the house of SPO1 Porfirio Divina where they resumed drinking. Accused-appellant spent the night in said house. The following morning, May 26, 1989, at around 6:00 o'clock, he left the house of SPO1 Divina, rode a passenger jeepney and went straight home. [11] Accused-appellant claimed that he ceased to be a member of the CAFGU and surrendered his M-14 armalite rifle on March 16, 1990. From then on, he stayed most of the time in Aparri, Cagayan, for fear of the NPAs who were allegedly after him. [12] The version of accused-appellant was corroborated by the testimony of SPO1 Porfirio Divina, SPO3 Edgardo Daniel, SPO3 Rogelio Constantino and Patrolman Virgilio Camacam. On February 2, 1994, the trial court rendered the judgment of conviction under review. The dispositive portion thereof reads: "WHEREFORE, premises considered, this Court, in the interest of justice, after trial on the merits of this case, finds LARRY CONSEJERO y Pascua, one of the two (2) accused herein, Rommel Malapit, the other of the two (2) accused herein, being still at-large, GUILTY beyond reasonable doubt, as principal, of the crime of Robbery With Homicide, as defined and penalized under Article 293 and 294, No. 1 of the Revised Penal Code, and hereby sentences him to suffer the penalty of RECLUSION PERPETUA and to indemnify the Heirs of DIONISIO USIGAN, one of the two (2) deceased victims herein, in the amount of FIFTY THOUSAND PESOS (P50,000.00), Philippine Currency, as well as the Heirs of MODESTO OR DESTO CASTILLO, the other of the two (2) deceased victims herein, in the amount of FIFTY THOUSAND PESOS (P50,000.00), Philippine Currency, and to pay the costs of suit. The bail bond set for the provisional liberty of Larry Consejero, one of the two accused herein, is hereby cancelled and, immediately after the promulgation of this Decision, the Officer-In-Charge of the Provincial Jail of Cagayan at Aparri, Cagayan or his duly authorized representative, is hereby ordered to immediately transmit his person for c