G.R. No. 131732 -

Ruling

ACCORDINGLY, the court finds the accused PAQUITO CAMAY and WILSON CATAMPONGAN guilty beyond reasonable doubt of the crime of MURDER and hereby sentences each [with] the penalty of RECLUSION PERPETUA, with all the accessory penalt[ies] under the [Revised Penal Code], and shall indemnify the legal heirs [in] the amount of P50,000 for the death of Antonio Villanueva, Sr., P30,000 as moral damages and P5,000 as attorney's fees. "With costs de oficio ." Hence, this appeal. [5] The Facts Version of the Prosecution In its Brief, the Office of the Solicitor General narrates the facts, as viewed by the prosecution, in this wise: [6] "The incident happened at about 2:00 o'clock in the afternoon of December 9, 1998 in Matagangtang, Placer, Masbate. Antonio Villanueva, Sr. and his son were on their way to their farm in Sitio Taganas, passing by the houses of appellant Camay and Ismael Enero. Antonio Villanueva, Jr. was surprised when appellant Camay suddenly boxed his father twice. Thereafter, appellant Wilson Catampongan held the elder Villanueva, binding the latter's arms crosswise at the back. With his knife, Cassius Catampongan stabbed Villanueva, Sr., hitting him thrice. Appellant Camay picked up a piece of wood and began hitting Villanueva, Sr. at the forehead, cheeks, breast and knees. Villanueva, Jr. who was about thirteen (13) years old at the time, was too afraid to do anything. He ran home and informed his mother of the incident. "The incident was also witnessed by Nila Francisco Casas, who was on her way home to Matagangtang from buying viand in Aguada. She saw appellants ganging up on Villanueva, Sr. Appellant Wilson Catampongan was the one who held the victim's arms at the back while Cassius Catampongan stabbed him with a fan knife. Appellant Camay, in turn, clubbed Villanueva, Sr. with a piece of wood. Villanueva, Sr., fell to the ground face down. Casas ran to inform Villanueva, Sr.'s wife, her elder sister, [of] what happened to her husband. There were other people who witnessed the whole incident and they helped in bringing the victim to his house. "The postmortem examination conducted on the cadaver of the victim reveals that Villanueva, Sr. sustained two (2) fatal stab wounds at the left side of the chest penetrating the thoracic cavity, and an incise wound near the left wrist. The victim also had multiple abrasion[s] at the right forehead, face, chin, forearm, elbow and both knees, consistent with injuries sustained from being hit by a blunt instrument. The cause of death was listed as `shock due to hemorrhage due to stab wounds on the chest'." Version of the Defense Denying criminal responsibility for the death of Antonio Villanueva Sr., appellants narrate the facts as follows: [7] "The records of this case disclose that the appellants and the victim appeared to be residents of Barangay Mata[g]angtang, Placer, Masbate. In the afternoon of December 9, 1988, appellants Paquito Camay and Wilson Catampongan were s[ea]ted [o]n a bench outsid