G.R. No. 125318 - PEOPLE OF THE PHILIPPINES, VS. HILARIO REBAMONTAN ALIAS “AYONG,” ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, IN VIEW OF THE FOREGOING FACTS AND CIRCUMSTANCES, Accused HILARIO REBAMONTAN is hereby found guilty of the crime of murder defined and penalized by Section 6, of R.A. No. 7659, otherwise known as `An Act to Impose the Death Penalty on Certain Heinous Crimes, Amending for that Purpose the Revised Penal Code, and for other purposes.' Accordingly, Accused HILARIO REBAMONTAN is hereby sentenced to suffer the maximum penalty of [d]eath and to indemnify the heirs of PEDRO CAGRADO, JR. the sum of FIFTY THOUSAND (P50,000.00) PESOS, for his death and to pay the cost. xxx xxx xxx" xxx xxx xxx" The Facts Version of the Prosecution The solicitor general presents the antecedent facts as follows: [6] "Around 6:00 in the evening of April 22, 1994, Lucas Calinaya and his neighbors, Maria Nena Aguilar, Raul Mendova and Julia Balbaboco were conversing at the corner of Jacinto and Mabini Street[s], Poblacion, San Julian, Eastern Samar (tsn, November 29, 1994, p. 3; tsn, January 18, 1995, p. 4). About thirty (30) meters away was a basketball court (tsn, November 29, 1994, p. 5). While his attention was towards the direction of the basketball court, Lucas suddenly saw appellant stabbing Pedro Cagrado, Jr. with a small sharp bolo, locally known as 'depang' (tsn, November 29, 1994, p. 3). Appellant was initially positioned behind Pedro, but when the former was about to thrust the bolo, the latter turned around and was hit in the right chest just below his right nipple (ibid., p. 4; tsn, January 18, 1995, pp. 21-22). Pedro was not able to parry the thrust because he was not aware that appellant intended to injure him (tsn, January 18, 1995, pp. 22-23). Appellant used his left hand in stabbing Pedro (tsn, November 29, 1994, p. 4; tsn, August 8, 1995, p. 4). "Oozing with blood, Pedro ran towards the direction of Lucas and company (tsn, November 29, 1994, pp. 4-5; tsn, January 18, 1995, p. 17; tsn, August 8, 1995, pp. 4-5). Appellant gave chase (tsn, August 8, 1995, p. 4). As Pedro reached the house fence of Lucas, he fell and died (tsn, January 18, 1995, p. 8; tsn, August 8, 1995, p.5). Thereupon, appellant stopped and headed towards the direction of Barangay 3, Campalao, San Julian, Eastern Samar (tsn, January 18, 1995, p. 17). Lucas then frightfully went inside his house (ibid.). "Meanwhile, Nina Cagrado, Pedro's cousin, informed SPO4 Nandino Doligon, a neighbor, about the incident (tsn, November 27, 1995, p. 37). SPO4 Nandino immediately responded and went to the scene of the incident (ibid., p. 38). He was informed by the people around that appellant was on Lakandula Street, Poblacion, San Julian, Eastern Samar (ibid., pp. 38-39). SPO4 Nandino proceeded there but did not see appellant (ibid., p. 44). Nonetheless, appellant was subsequently arrested on Burgos Street and brought to the municipal police station by SPO4 Nandino (ibid., pp. 40-41). "On the following day, post-mortem examination of the cadaver of Pedro Cagrado was conducted by Dr. Andy Gimpaya, a