VS. DOMINIC, GERMAN AND HARVEY, ALL SURNAMED CAÑETE, ACCUSED-.

Ruling

Accordingly, accused-appellants German and Harvey Cañete were committed for detention at the Davao Penal Colony. Dominic Cañete, due to minority, had been previously released upon recognizance undertaken by the Department of Social Welfare and Development. As he could not be re-arrested and remains at large, the Court, on July 24, 1996, resolved to dismiss his appeal. Said dismissal was later entered September 2, 1996 (pp. 59, et. seq ., Rollo ). In the meantime, the Court afforded the two other accused-appellants opportunity to file a supplemental brief, but none was filed. Hence, the Court will not review the decision of the Court of Appeals only as it concerns accused-appellants German and Harvey Cañete based on the appeal certified and the record elevated to this Court. The records shows that accused-appellants were charged under two Informations, one for Murder committed as follows: Criminal Case No. 994-M(88) That on or about the 11 TH day of June, 1988, at about 8:30 oclock in the evening, more or less, in Sitio Balongis, Barangay Silad, Municipality of Sugbongcogon, Province of Misamis Oriental, Republic of the Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with bolos and Indian Pana, with intent to kill evident premeditation and superior strength conspiring, confederating and mutually helping one another, did then and there willfully, unlawfully and feloniously attack, assault and stab one Ramon Paculanan at the interspace mid-axilliary line (below the nipple) left side, left eye lateral portion, right lumbar area and right buttock, thereby inflicting upon him fatal wounds which resulted the death of the victim. (p. 5, CA Rollo .) and the other for Frustrated Homicide committed as follows: Criminal Case No. 995-M(88) That on or about the 11 TH day of June, 1988, at about 8:30 oclock in the evening, more or less, in Sitio Balongis, Barangay Silad, Municipality of Sugbongcogon, Province of Misamis Oriental, Republic of the Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping one another, with intent to kill and with the use of a sharp pointed bolo and a home made Indian Pana,, did then and there willfully, unlawfully and feloniously attack, assault and shot with Indian Pana one Arnold Margallo, as a consequence thereof the victim sustained physical injuries, to wit: - stab wound about 1 inch in wide, 2 inches depth at right infrascapular area at 7 TH rib. - punctured wound at right gluteus maximus muscle lateral portion with home-made Indian Pana sticking in it. thus the accused had performed all the acts of execution which would have produce the crime of homicide as a consequence, but nevertheless did not produce it by reason of causes independent of the will of the accused that is by the timely medical assistance rendered to said Arnold Margallo which prevented his death. (p. 6, CA Rollo .) After arraig