G.R. No. 134568 - PEOPLE OF THE PHILIPPINES, VS. EULOGIO IGNACIO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the guilt of accused EULOGIO IGNACIO alias LOLOY for the crime of MURDER having been established by proof beyond reasonable doubt for the killing of Jessie Lacson, and without the presence of any aggravating or mitigating circumstance, this court hereby sentences said accused to suffer the penalty of RECLUSION PERPETUA and to pay the heirs of the victim the sum of FIFTY THOUSAND (P50,000.00) PESOS, without subsidiary [imprisonment] in case of insolvency. "Accused Eulogio Ignacio being a detention prisoner, the period of his detention shall be credited in his favor in the computation of his sentence. "Finally, the Provincial Warden of Masbate is directed to ship the accused to the National Penitentiary, Muntinlupa City, within thirty (30) days from the finality of this decision and to report to this court within fifteen (15) days from compliance thereof." [2] Second Assistant Provincial Prosecutor Alberto A. Alforte charged appellant with the murder of Jessie Lacson in an Information dated February 28, 1997, the pertinent portion of which reads: "That on or about January 11, 1997, [o]n the morning thereof, at Barangay Divisoria, Municipality of Dimasalang, Province of Masbate, Philippines, within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, evident premeditation and treachery did then and there wilfully, unlawfully and feloniously attack, assault and shoot with a 12 gauge homemade shotgun (riot) one Jessie Lacson, hitting him on the chest, thereby inflicting wound, which caused his death." [3] With the assistance of Counsel Percival Castillo, appellant pleaded not guilty when arraigned on September 18, 1997. [4] After trial in due course, the RTC rendered the assailed Decision. Hence, this appeal. [5] The Facts Version of the Prosecution In the Brief for the Appellee, the solicitor general narrated the facts as follows: "On January 11, 1997, at Divisoria, Dimasalang, Masbate, at 9:00 a.m., the victim, Jessie Lacson, and Edwin Velasco were gathering shells by the seashore. This work had caused them to feel thirsty. The two decided to go to the fishpond and get young coconuts or butong. This fishpond is owned by Cleto Cortes alias Milagring with appellant Eulogio Ignacio alias Loloy as the caretaker. Inside the fishpond is a house where appellant sometimes stays. "At the fishpond, Jessie got one young coconut. Then, Jessie walked ahead of Edwin in going to the dike, where he would break open the young coconut. "Eulogio came out [of] his house and saw Jessie as he reached the dike. However, Eulogio did not see Edwin who was standing behind some coconut trees. Edwin heard Eulogio shout at Jessie to put down the young coconut, which the latter did. Then, Edwin saw Eulogio fire his homemade shotgun at Jessie who was hit on the left portion of the breast. At that time, Eulogio was standing forty (40) meters away from Jessie while Edwin was standing six (6) meters away from