G.R. No. 128287 - PEOPLE OF THE PHILIPPINES, VS. RIZAL ESPIRITU Y KINAO, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Court [f]inds accused Rizal Espiritu y Kinao guilty beyond reasonable doubt of the crime of murder as defined under Article 248 of the Revised Penal Code as amended by Section 6 of Republic Act 7659 as charged in the Information, and hereby sentences him to suffer the penalty of reclusion perpetua; to indemnify the heirs of Sato Sannad the sum of P50,000.00 for his death; P200,000.00 as moral damages; and P50,000.00 as exemplary damages, all indemnifications are without subsidiary imprisonment in case of insolvency; and to pay the costs, "In the service of his sentence, accused Rizal Espiritu is entitled to be credited 4/5 of his preventive imprisonment in accordance with Article 29 of the Revised Penal Code." [10] Hence, this appeal direct to this Court. [11] The Facts Version of the Prosecution In the 35-page Brief for the Appellee, [12] the solicitor general narrated the prosecution's version of the facts as follows: "Between 7:30 and 8:00 o'clock in the evening of September 8, 1995, Henry Saclangan saw Sato Sanad conversing with appellant Rizal Espiritu in front of Starlight Bakery located at Sunflower Street, Navy Base Subdivision, Baguio City. Later, he saw Sato Sanad and appellant, who placed his arm around the former's shoulder, walk. "At about 9:00 o'clock in that evening, Jeffrey Bernabe was in his house at Sunflower St., Navy Base Subdivision, Baguio City conversing with friends. Momentarily, he heard someone outside shouting for help. When he went out, Jeffrey Bernabe saw a man, who turned out to be Sato Sanad, wounded and bleeding. Other people came out of their houses but no one dared to help Sato Sanad who lay prostrate on the ground. Jeffrey Bernabe went back to his house and boarded his truck. Accompanied by his friends and helpers, Jeffrey Bernabe brought Sato Sanad to the Baguio General Hospital where he died on arrival. "At about 9:00 o'clock that same evening, Police Officer Johnson Ayagen of the Pacdal Police Substation, Baguio City, received a report from the base operator of a fight that occurred in Sunflower Street. He was ordered to immediately proceed to the place. Along the way, PO Ayagen met an Isuzu Elf Truck whose driver flagged him down. He was informed by Jeffrey Bernabe that he and his companions were bringing a wounded person to the hospital. PO Ayagen told the driver, Jeffrey Bernabe, to proceed to the hospital and to wait for him there as he would first proceed to the crime scene. The police met nobody at the crime scene. What they found were bloodstains on the ground; also, a bloodied, perforated maong jacket and false dentures. When they arrived at the hospital, Jeffrey Bernabe informed them that the victim was already dead. "Dr. Vladimir Villaseñor of the PNP Crime Laboratory Service, Camp Bado Dangwa, Benguet, conducted an autopsy on the cadaver of Sato Sanad. Per Medico-Legal Report issued by Dr. Villaseñor, [13] the victim sustained the following injuries, to wit: Trun