G.R. No. 130658 - PEOPLE OF THE PHILIPPINES, VS. ORLITO GADIN, JR. ALIAS "AY-AY", ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, trial ensued. The facts, as found by the trial court, are as follows: On March 13, 1995, at around 10:00 in the evening, Rowena Dacut, Jessie Mabini and Elito Pajanustan were drinking Tanduay mixed with beer while sitting on benches along the roadside of Purok I, Barangay Muñoz, Catbalogan, Samar. Orlito Gadin, Jr. arrived and stood in front of Elito Pajanustan. Rowena Dacut offered him a drink but Gadin merely stared at them. Suddenly, Orlito Gadin drew a knife from the left backpocket of his pants. He thrust the knife into the chest of Pajanustan, causing the latter to fall down. [4] Then, Orlito Gadin ran away, still holding the knife. Rowena chased after him, asking him why he stabbed Pajanustan. Orlito did not answer and kept running about half a meter more towards his uncles house. He entered the house and hid the knife used to stab Pajanustan. Subsequently, he ran out of the house and disappeared. After a few minutes of futile search for Orlito, Rowena returned to the place where Pajanustan was stabbed and found that Jessie Mabini had left the scene. Rowena saw Pajanustan wounded and sprawled on the ground. She told her mother to inform the mother of Elito Pajanustan as to what had just occurred and brought the wounded Elito to Samar Provincial Hospital. At the hospital, Nelia Redito arrived and found her son, Elito Pajanustan, in the operating room. She approached him and asked him what happened. He replied, "Ma, Ma, Orlito Gadin Ma, abugho Ma guin buno ako." ("Mama, Mama, I was stabbed by Orlito Gadin because of jealousy."). [5] Shortly thereafter, Elito Pajanustan expired. Dr. Senecia Q. Yong, Municipal Health Officer, conducted a post mortem examination of the body of deceased Elito Pajanustan and concluded that the cause of death was shock, irreversible, due to profuse external and internal hemorrhage from a stab wound. The wound, measuring 2 cm. in length, 0.5 cm. in width and 17 cm. in depth located along the right sternal border and at the level of the 2nd ICS, was directed laterally hitting the right lung parenchyma. [6] There were no other marks or contusions on the body of the deceased. [7] Accused Orlito Gadin, Jr., however, narrated a different version of the events. [8] At around 9:30 in the evening of March 13, 1995, Orlito went to Barangay Muñoz to buy barbecue. While at the barbecue stand, Rowena Dacut, from across the street, called Orlito. He knew Rowena, since she was his godsister. [9] He saw her sitting with two other persons, drinking Tanduay with beer. He approached them but refused their offer to drink with them. He conversed with Rowena for approximately thirty minutes. In the course of the conversation, he noticed that one of the drinking companions of Rowena kept interrupting them and insulting him. This person was Elito Pajanustan. Orlito then requested permission to leave. Suddenly, Elito Pajanustan grabbed a glass and banged it on the table. Then, he stood up and punched Orlito on his left c