G.R. No. 153538 - PEOPLE OF THE PHILIPPINES, VS. LOLITO ESTOYA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, accused LOLITO ESTOYA is hereby found guilty beyond reasonable doubt of the crime of MURDER, and the Court hereby imposes upon him the penalty of RECLUSION PERPETUA. Accused Lolito Estoya is likewise adjudged to indemnify the heirs of deceased victim Bemboy Cerna the sum of Fifty Thousand Pesos (P50,000.00) due to his untimely death. In line with Section 5, Rule 114 of the 1985 Rules on Criminal Procedure, as amended, the Provincial Jail Warden of the Negros Oriental Detention and Rehabilitation Center, is hereby directed to immediately transmit the living body of accused Lolito Estoya to the New Bilibid Prison at Muntinlupa City, Metro Manila, where he may remain to be detained. Said accused shall be given full credit for the period of his preventive detention, provided he has filed a written undertaking that he would follow all the legitimate rules and regulations imposed by the detention center. [2] The Information [3] dated June 3, 1997, charged appellant in these words: That on 29 March 1997 at about 9:00 o'clock in the evening at Barangay Eli, La Libertad, Negros Oriental, Philippines and within the jurisdiction of this Honorable Court, the above- named accused with intent to kill, attended with treachery and evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault and shot Bemboy Cerna with the use of a handgun with which the said accused was then armed and provided[,] thereby inflicting upon said Bemboy Cerna fatal injuries which caused his death soon thereafter. That the commission of the said offense was attended with the aggravating circumstance of nighttime. [4] Upon his arraignment on September 15, 1997, [5] appellant, assisted by his counsel de parte, [6] pleaded not guilty. After trial in due course, the court a quo rendered the assailed Decision. The Facts Version of the Prosecution In its Brief, the Office of the Solicitor General (OSG) presents the prosecutions version of the facts in the following manner: On March 29, 1997 at 9:00 oclock in the evening more or less in Barangay Eli, La Libertad, Negros Occidental, Brgy. Councilman Solano Pactor was eating in the kitchen of the house of his brother-in-law, Lolito Garsula, together with Lolitos wife, Virgin, and their two (2) children. Also with them were Lando, Harry, Merly and Lucrit Garsula and Bemboy Cerna, also a Brgy. Councilman. While they were eating, two (2) shots rang out. All of them dropped to the floor, with the exception of Lolito Garsula who immediately opened the window. He saw appellant Lolito Estoya running and holding a long gun. After that, he saw appellant aiming his gun at him. Then, there was another shot. Appellant was still holding his gun when he exclaimed [W]ithdraw Bay. Thereafter, Garsula dropped to the ground. He saw Bemboy Cerna was already lying in a pool of blood and was no longer breathing. Solano Pactor reported the incident to Brgy. Councilman Editho Faburada and Emeterio Benlot. Th