G.R. No. 105002 - PEOPLE OF THE PHILIPPINES, VS. DIARANGAN DANSAL ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding accused DIARANGAN DANSAL guilty beyond reasonable doubt of the crime of Murder, he is hereby sentenced to suffer the penalty of RECLUSION PERPETUA and he is hereby ordered to indemnify the heirs of Abubakar Alamat, also known as Abubakar Pagalamatan the amount of P30,000.00, without subsidiary imprisonment in case of insolvency, and to pay costs. Accused is entitled in full for the period of his detention. Hence, this appeal. The Facts Version of the Prosecution The prosecution sought to establish that on March 2, 1990 in Pasayanon, Matungao, Lanao del Norte, appellant, armed with a Garand rifle like his four (4) other companions, fired the fatal shots which caused the death of Abubakar Alamat, also known as Abubakar Pangalamatan. The prosecution presented the following witnesses: Cosain Dowa, Dr. Marilyn Rico, Amina Oticol, Panda Antalo and Timal Mosa. Their testimonies may be synthesized as follows: Panda Antalo testified that at three oclock in the afternoon of March 2, 1990 in Matungao, Lanao del Norte, he and Timal Mosa were walking through a barrio road on their way to see Mayor Asis. [6] They saw Abubakar Alamat, the victim, conversing with five (5) persons, one of whom was appellant. However, Antalo did not recognize appellants companions. When he and Mosa were five (5) meters away from the group, he heard gunshots. He turned his head and noticed that smoke was coming out of appellants rifle and empty shells were falling therefrom. The Garand rifles of appellant and his companions were pointed at the victim who was lying on the ground face upwards. Seven (7) shots were fired. At that time Antalo was immobile as he was frightened. Thus, he was unable to run and take cover. After appellant and his companions ran towards the coffee plantation, Antalo approached the victim and discovered that the latter had sustained seven (7) wounds. [7] Timal Mosa corroborated Antalos account. He testified that at 3:00 p.m. of March 2, 1990, he and Antalo were on their way to Mayor Asis house in Pasaupnon, Matungao. He saw the victim, the appellant and four (4) other persons talking to one another. Then he heard a gunshot from behind. When he turned to look, he noticed that smoke was coming out of appellants gun and that empty shells were dropping from it as appellant continued to fire at the victim. Appellants rifle was pointed at the victim who had fallen on the ground. He heard seven (7) gunshots. Appellants companions also carried Garand rifles, but Mosa concluded that these were not fired because he did not notice any smoke from their barrels. He was not frightened. Neither did he take cover, as he knew both the victim and the appellant. After firing at the victim, appellant together with his four companions fled towards Mayor Asis coffee plantation. He and Antalo approached the victim, whom they found already dead. Thereafter, they reported the shooting to the victims wife. [8] Cosain Dowa, a Rural Sanitarium Inspecto