G.R. No. 152966 - PEOPLE OF THE PHILIPPINES, VS. JERRY SE.

Ruling

Accordingly, the Office of the Provincial Adjudicator issued a warrant ordering the Philippine National Police of Libon, Albay to arrest the victim. [14] Meanwhile, Andres Se, through Asuncion, entered the rice land. On April 24, 2000, at about 7:45 a.m., while Asuncion, appellant and several laborers were working on the rice field, the victim arrived and ordered them to stop tilling his land. When Asuncion told the laborers not to obey the victim, the latter hit her on the left shoulder. [15] Asuncion left to call a policeman. The victim then drew the scabbard slung on his shoulder but before he could completely unsheathe his knife, appellant drew the bolo from his waist and hacked him. At that point, appellants mind went blank and he could no longer recall where and how many times he hit the victim. [16] Thereafter, he went to the Municipal Police Station of Libon to surrender himself and his weapon. [17] Appellants voluntary surrender was entered in the Police Blotter at 8:00 a.m. of April 24, 2000. [18] On January 14, 2002, the trial court rendered the assailed judgment, the decretal portion of which reads: WHEREFORE, judgment is hereby rendered finding the accused Jerry Se guilty beyond reasonable doubt of the offense of Murder as defined and penalized under Article 248 of the Revised Penal Code as amended by Republic Act No. 7659 and accordingly sentences said accused Jerry Se there being present the mitigating circumstance of voluntary surrender to Reclusion Perpetua together with the accessory penalties provided for by law. Accused is ordered to pay the heirs of Andres Seda the amount of P50,000.00 for death indemnity, P21,500.00 for funeral expenses and another P50,000.00 by way of moral damages and P20,000.00 for attorneys fees and expenses of litigation and to pay the costs. SO ORDERED.