G.R. No. 140277 - PEOPLE OF THE PHILIPPINES, VS. GUILLERMO

Ruling

WHEREFORE, judgment is hereby rendered finding accused Temoteo Madulen and Carlito Bangcas GUILTY beyond reasonable doubt of the crime of murder and are hereby sentenced to suffer the penalty of reclusion perpetua , and to solidarily indemnify the heirs of their victim Florentino Casas the sum of P50,000.00." The present appeal is interposed by Temoteo Madulen and Carlito Bangcas. The prosecution's version of the incident is summarized in the Appellees' Brief as follows: "On May 17, 1998 at around 8:30 in the evening in Old Kibawe, Kibawe, Bukidnon, Florentino Casas and Cesar Oroyan were drinking fighter wine in the sala of the house of Edilberto Ybañez from whose store they bought the wine. The store was the walled half portion of the balcony of the house which was elevated from the ground by about thirteen (13) inches. The store entrance was inside the house or on the side of the sala and adjoined the front door leading to the balcony. After consuming the wine, Florentino ordered another bottle of fighter wine and waited on the bench in the balcony with his arms resting sideward on the bamboo railing. Leonila Oroyan, wife of Cesar Oroyan, sat on the opposite bench. Meanwhile, a certain Romel Paje, who is the nephew of Florentino Casas, went up the store to buy cigarettes. As Edilberto was about to get the ordered wine, Guillermo Baldago suddenly went up the balcony coming from behind Florentino and stabbed the latter with a six inch knife, hitting him on the left breast. Almost simultaneously, Temoteo Madulen struck Florentino with a belt on the back, while Carlito Bangcas hit him with a piece of wood on the shoulder. Florentino ran inside the house pursued by Guillermo. The latter thrust his knife to stab Florentino again but only grazed his face. Edilberto at that moment closed the door and pinned Guillermo's hand that held the knife. Romel Paje, who was inside the house along with Cesar Oroyan and Leonila Oroyan who rushed inside the house during the incident, wrestled the knife from Guillermo's hand. Afterwards, Edilberto loosened his grip on the door which freed Guillermo who then ran away. Temoteo and Carlito, who stoned the house of Edilberto in the meantime, likewise fled. Corazon Casas, wife of the victim Florentino Casas, was on her way to the house of Edilberto Ybañez to follow her nephew Romel Paje when she saw the incident from a distance of about ten (10) meters. Prior to the attack, she saw Guillermo Baldago, Temoteo Madulen and Carlito Bangcas behind the bamboo railing where Florentino was leaning. Suddenly, Guillermo Baldago went up the balcony to face Florentino and immediately stabbed him with a knife. Then Temoteo Madulen struck Florentino with a buckled belt once, followed by Carlito Bangcas who struck Florentino once with a split ipil-ipil firewood. The blows hit the latter on the shoulder and on the left side of the back. After the attackers had fled, Corazon went up the house of Edilberto Ybañez to assist her husband, wh