G.R. No. 130490 - PEOPLE OF THE PHILIPPINES, VS. VENANCIO FRANCISCO Y BERNALDO ALIAS "MABINI" AND ERNIE MANSAMAD ALIAS "NONO", ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly accepted the appeal of accused-appellants in its Resolution, dated 1 December 1997. Accused-appellants were charged with and convicted for the crimes of murder and attempted murder by the Regional Trial Court, Branch 40 of Calapan, Oriental Mindoro. The Information filed against accused-appellants for murder, docketed as Criminal Case No. C-4567, reads: That on or about the 21st day of April, 1994, at around 1:00 o'clock in the morning, in Barangay Evangelista, Municipality of Naujan, Province of Oriental Mindoro, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with treachery and evident premeditation and taking advantage of the darkness of the night, conspiring, confederating and mutually helping one another, did then and there willfully, unlawfully and feloniously attack, assault, stab and hack with a [sic] sharp-pointed and sharp-bladed instruments one DANILO MENDOZA thereby inflicting upon the latter several mortal wounds on the different parts of his body, as a result thereof, the said DANILO MENDOZA died instantly. That in the commission of the aforecited offense, the qualifying circumstances of treachery and known premeditation were attendant. Contrary to Article 248 of the Revised Penal Code. [2] The Information against accused-appellants for attempted murder, docketed as Criminal Case No. C-4588, reads: That on or about the 21st day of April, 1994, at around 1:00 o'clock in the morning, in Barangay Evangelista, Municipality of Naujan, Province of Oriental Mindoro, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping one another, with treachery and evident premeditation and taking advantage of the darkness of the night, did then and there willfully, unlawfully and feloniously attack, assault and wound with a [sic] sharp-pointed and sharp-bladed instruments one JOSEFINA MONTOYA-MENDOZA thus commencing the commission of the crime of Murder directly by overt acts, and did not perform all the acts of execution which should produce the said felony by reason of some cause or accident other than their own spontaneous desistance, that is, the said accused ran away after killing [the] victim's husband, DANILO MENDOZA, who was also being attacked and assaulted at that time. Contrary to Articles 248, 6 and 51 of the Revised Penal Code. [3] At their arraignment, accused-appellants pleaded "not guilty" to both charges. Upon agreement of the prosecution and defense, the two (2) cases were jointly tried as the criminal charges against accused-appellants arose out of the same incident. The prosecution presented Josefina Montoya-Mendoza, Supremo Macatangay and Baldomero Gonzales as witnesses. Josefina Montoya-Mendoza, widow of the victim Danilo Mendoza, testified [4] that on 21 April 1994, at around one o'clock in the morning, she and her husband Danilo, together with their four-year old son Rico, were on their way ho