, VS. ALBERTO MEDINA Y CATUD

Ruling

WHEREFORE, the court finds the accused, ALBERTO MEDINA y CATUD, guilty beyond reasonable doubt of the crime of murder as defined and penalized by Article 248 of the Revised Penal [Code] and there being no mitigating circumstance to offset the qualifying circumstance of treachery and generic aggravating circumstance of evident premeditation, and hereby sentences him to suffer the penalty of reclusion perpetua and to pay the heirs of the deceased Andres M. Dalisay the sum of P 50,000.00. Costs against the deceased. Hence, this appeal. [5] The Facts Version of the Prosecution The prosecutions version of the facts, as recounted by the solicitor general in the appellees brief, is as follows: [6] At around 11 pm on May 20, 1991, a party was held in the house of Sebastian and Delia Aguila in Barangay Caingin, Balite, Batangas, to celebrate the awarding of a championship trophy to the basketball team of Larry Andal. Among those present during the celebration were Andres Dalisay, Edgardo Silang, Larry Andal, Norberto Biscocho, Bayani Dorado, Salustiano Aguila and appellant Alberto Medina (pp. 3-5, tsn, September 9, 1992, testimony of Larry Andal). During the celebration, appellant and Dalisay danced the cha-cha in the shade (sulambi) near the terrace of the house of Delia and Sebastian Aguila. While the two were dancing, the group watched and clapped their hands. When the dance was finished, appellant left the house of the Aguilas. After a while, Dalisay invited Andal to go home (pp. 8-11, tsn, September 11, 1992). The two left the house of the Aguilas, with Dalisay walking ahead of Andal. While they were walking, Andal saw appellant, who was waiting along the way, stab Dalisay with a balisong in the abdominal region. Dalisay held the hand of appellant. While they were grappling, Dalisay was able to extricate himself and started to run away. Appellant chased him. When appellant caught up with Dalisay, appellant stabbed Dalisay once more at the back. Dalisay fell to the ground. He tried to get up and run, but he again fell down. Appellant stabbed him [once more] on the chest. Then [a]ppellant fled from the scene. Andal, who was about one meter away, was so stunned and shocked by what he saw that he did not do anything to help Dalisay. Andal and his relatives brought Dalisay to the Batangas Regional Hospital, but Dalisay was pronounced dead on arrival (pp. 2-6, tsn, Sept. 11, 1992). At that time of the incident, prosecution witness Edgardo Silang was urinating twenty paces away. He heard Delia Aguila, the sister of appellant, shouting, Husay ka Alberto pihadong makukulong ka, sinaksak mo si Andres. When he turned to where the shout came from, he saw Dalisay running towards him, pursued by appellant. He saw blood in front of the body of Dalisay. He held the arm of Dalisay and tried to hug him but Dalisay fell to the ground. At that point, he saw appellant flee (pp. 5-18, tsn, Sept. 9, 1992, testimony of Edgardo Silang). Dr. Benjamin M. Aguado, the