G.R. Nos. 112858-59 - PEOPLE OF THE PHILIPPINES, VS. RALPHY ALCANTARA AND ANDRES JOSE Y GERONIMO A.K.A. BOY JOSE, ACCUSED-.

Ruling

WHEREFORE, premises considered: 1. And finding the existence of strong reasonable doubt and insufficiency of evidence with respect to the guilt of accused Victoriano Mendoza is hereby ACQUITTED, in both cases; 2. And finding likewise the existence of reasonable doubt and insufficiency of evidence with respect to the guilt of accused Teodulo Batino, he is hereby ACQUITTED in both cases; 3. And finding accused Andres "Boy" Jose and Ralphy Alcantara guilty beyond reasonable doubt for the crime of murder in Criminal Cases No. 1130 and 1131, defined and penalized under Article 248 of the Revised Penal Code, both accused, Ralphy Alcantara and Andres Boy Jose in Criminal Case No. 1130 are hereby sentenced to Reclusion Perpetua, with all the accessories of the law. And in Criminal Case No. 1131, accused Ralphy Alcantara and Andres Boy Jose are hereby sentenced to suffer the penalty of Reclusion Perpetua with all the accessories of the law. Both accused, Ralphy Alcantara and Andres "Boy" Jose conformably with the provisions of Article 100 of the Revised Penal Code are hereby further ordered: With respect to the death of Mayor Jeremias Villanueva to pay the heirs of said late Mayor the following: 1. the sum of P50,000.00 for and as indemnity for causing his death; 2. the sum of P250,000.00 for loss of income; 3. the sum of P 100,000.00 for moral damages; 4. the sum of P60,000.00 for funeral, wake and burial expenses; 5. the sum of P25,000.00 for exemplary damages; With respect to the death of Pat. Virgilio Lascano, to pay the heirs of said late Patrolman the following: 1. the sum of P50,000.00 for and as indemnity for causing his death; 2. the sum of P150,000.00 for loss of income; 3. the sum of P50,000.00 for moral damages; 4. the sum of P25,000.00 for funeral, wake and burial expenses; 5. the sum of P 15,000.00 for and as exemplary damages. With costs against both accused in both cases." [19] Not satisfied with the Decision, accused Ralphy Alcantara and Andres "Boy" Jose interposed the present appeal contending: "I. The trial court erred in giving credence to the testimony of prosecution alleged eyewitnesses Apolinario Dimaano and Lilibeth Malinis, identifying accused-appellant Alcantara as one of the gunmen, instead of discrediting it as fabricated or perjured. II. The trial court erred in convicting accused-appellant Jose, in spite of total lack of evidence of complicity in the slayings, direct, circumstantial, or conspiratorial. III. The trial court erred in convicting accused-appellants upon the same evidence it discredited in acquitting their co-accused. IV. The trial court erred in discrediting the defense of accused-appellants. V. The trial court erred in finding that the guilt of the accused-appellants has been established beyond reasonable doubt." [20] We affirm the conviction of the accused. The prosecution presented two witnesses who saw the ruthless slaying of Mayor Villanueva and Pat. Lascano. They were Apolinario Dimaano and Lilibeth Malini