G.R. No. 124037 - PEOPLE OF THE PHILIPPINES, VS. REYNALDO DE GUZMAN, BERNARDO* DE GUZMAN, RUSSEL ABAD, AND GILBERT DOLORES, ACCUSED.REYNALDO DE

Ruling

ACCORDINGLY, judgment is hereby rendered finding the accused, GILBERT DOLORES, REYNALDO DE GUZMAN, BERNABE DE GUZMAN, & RUSSEL ABAD GUILTY beyond reasonable doubt as co-principals in the crime of MURDER charged in this case and they are all sentenced to suffer an imprisonment term of reclusion perpetua. "On the civil aspect, the four (4) accused are all hereby ordered solidarily to indemnify the heirs of the victim Rommel Pagui [in] the sum of fifty thousand pesos (P50,000.00) as actual damages and one hundred thousand pesos (P100,000.00) as moral damages." [10] The Facts Prosecution's Version In its Brief, [11] the Office of the Solicitor General summarized the prosecution's version of the facts as follows: "At about 9:30 in the evening of July 22, 1992, Mrs. Fe Asada, together with her nephew Rommel Pagui, was tending her sari-sari store situated in the front unit of an apartment rowhouse which she owned, located at 283 Ermin Garcia Street, Cubao, Quezon City (TSN, p. 8, May 5, 1993). Momentarily, a group of men composed of appellants Reynaldo de Guzman and Bernabe de Guzman, Jr., Gilbert Dolores and Russel Abad arrived at the store. They ordered beer. After each one had consumed a bottle of beer, the group ordered more. Rommel told them that they had no more ice-cold beer. This remark enraged the group. At one point Gilbert Dolores told Rommel `Dada ka ng dada, kakatayin kita!' (TSN, pp. 10-14, May 5, 1993). In an effort to avoid trouble, Mrs. Asada curtly told the four customers to go home. After they had left, at about 10:30 p.m., Mrs. Asada closed the store, and proceeded to her room while Rommel went to the living room adjacent to the store to watch television (TSN, pp. 16-17, May 5, 1993). Mrs. Asada noted that when the four men arrived at her store, they reeked of liquor and were sniffing a white substance while they drank beer (TSN, p. 15, May 5, 1993). "At about 11:00 o'clock that same night, a commotion broke the peace in the apartment compound of Mrs. Fe Asada. A loud thud emanating near the store stirred up the apartment residents (TSN, pp. 50-51, April 3, 1995). Then, Rommel Pagui went out of the apartment through the main gate. A few seconds later, he was seen running towards the interior of the driveway stretched along the length of the apartment compound (TSN, p. 59, April 3, 1995). There were four men chasing Rommel at the time, namely: appellants, Bernabe de Guzman, Jr., Reynaldo de Guzman, Gilbert Dolores and Russel Abad (TSN, p. 37, May 4, 1993). Before he retreated to the rear of the driveway, Rommel shouted, `Bakit ninyo ako sinaksak?' (TSN, p. 50, May 3, 1995). The group caught up with Rommel at the rear end of the apartment compound where he was cornered. A few moments later, the same group composed of appellants, Bernabe de Guzman, Jr., Reynaldo de Guzman, Gilbert Dolores and Russel Abad rushed towards the gate of the apartment and out into the street. Gilbert Dolores was seen holding a bloodied knife and as he swung it