G.R. No. 132747 - PEOPLE OF THE PHILIPPINES, VS. ALFREDO CABANDE, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, herein accused is hereby found guilty beyond reasonable doubt of the crime of double murder and pursuant to Article 248 of the Revised Penal Code, he is hereby sentenced to suffer the penalty of 'RECLUSION PERPETUA' for each offense charged against him under Criminal Cases Nos. 1568-M-90 and 1569-M-90. The period for accused's preventive detention shall be deducted from his sentence. "FURTHER, accused has to pay the heirs of victims Victor and Vicente Trinidad, the following damages: a) P 50,000.00 for each victim, as death indemnities; b) P 1.5 [m]illion and P 337,000.00 for victim Victor and Vicente Trinidad, respectively, as loss of income for 5 years; c) P 100,000.00 for each victim, as wake and burial (including lots) expenses; d) P 150,000.00 for each victim, as moral damages; e) P 40,000.00 for each victim, as exemplary damages; and f) costs of litigation." In view of the penalty imposed, this appeal was lodged directly with this Court. [7] The Facts Version of the Prosecution In its Brief, the Office of the Solicitor General summarizes the prosecutions version of the facts in this wise: [8] "Seventy-four year old Vicente Trinidad lived in Sapang Putol at San Ildefonso, Bulacan, with his wife Dolores as well as with his thirty-eight year old son Victor, and the latter's wife Lucia and three children named Christopher, Daryl and Lawrence. (pp. 2 & 4, tsn, August 4, 1993; pp. 3-5, tsn, September 30, 1993; p. 2, tsn, January 20, 1994; pp. 3-4, tsn, June 16, 1994; p. 7, tsn, July 14, 1994) Forty-year old appellant, who worked as a security guard, resided in San Juan, also at San Ildefonso, Bulacan. (p. 3, tsn, July 25, 1995; p. 3, tsn, December 14, 1995) "Victor and appellant both claimed ownership over Lot 1990 of the Buenavista Estate located in Mataas na Parang, San Ildefonso, Bulacan. In an order issued by the Department of Agrarian Reform (Exhibit B), however, forty thousand (40,000) square meters of the lot was adjudicated in favor of Victor while only eight thousand (8,000) square meters of the lot was granted to appellant. Notwithstanding the order, appellant wanted to occupy the entire lot and thus threatened Victor and Vicente that blood will [be] shed if they continue constructing a fence around the lot. (pp. 5-6, 10, tsn, September 30, 1993) "In the morning of May 20, 1990, at about 8:00 o'clock, Vicente and Victor with his three children were on their way to Mataas na Parang to fence their property. Aboard an owner-type jeep, Vicente took the front seat beside Victor who was driving. Directly behind Victor was Daryl while Lawrence sat behind his grandfather. Sitting between Daryl and Lawrence was their eldest brother, Christopher, then almost five (5) years old. (pp. 5-7, tsn, August 4, 1993) Suddenly, apparently out of nowhere, two persons, one of whom was appellant, blocked their way. Victor did not have much choice but to stop the jeep. As appellant was positioned at the side of the jeep nearer