G.R. No. 116511 - PEOPLE OF THE PHILIPPINES, VS. CALOMA TABAG, SARENAS TABAG

Ruling

WHEREFORE, finding the accused Sarenas Tabag, Coloma Tabag and Romeo Aguipo or Guipo guilty beyond reasonable doubt of the crime of four (4) counts of Murder defined and penalized under Article 248 of the Revised Penal Code, for the deaths of Welbino Magdasal, Sr., Wendelyn Magdasal, Welbino Magdasal, Jr. and Melisa Magdasal, each of them is sentenced to suffer four (4) indivisible prison terms of RECLUSION PERPETUA, to suffer all the accessory penalties provided for by law and to pay the costs. They are further condemned to jointly and severally indemnify the heirs of their victims in the total sum of FOUR HUNDRED THOUSAND (P400,000.00) PESOS as moral damages; SIX THOUSAND (P6,000.00) as attorneys fees to Marciana Magdasal, mother of the late Welbino Magdasal, Sr., and FOUR THOUSAND (P4,000.00) PESOS as actual and compensatory damages. [21] The material operative facts established by the evidence for the prosecution was summarized by the Office of the Solicitor General in the Brief for the Appellee as follows: On March 11, 1984, at around 9:00 oclock in the evening, Pablo Oca was in the CHDF detachment in Barangay Buan, Asuncion, Davao. (p. 5, TSN, September 10, 1986) Also present were Marcelino Tabag, appellant Sarenas Tabag, appellant Coloma Tabag, Artemio Awod, Laureño Awod, Ernesto Mawang, Romeo Guipo and Fernando Maglinte, all members of the CHDF. (p. 6, Ibid.) While there, appellant Sarenas talked to his son, Marcelino Tabag, and his brother, appellant Coloma Tabag (Ibid.) Thereafter, Sarenas told the group to go on patrol. (pp. 7 and 14, Ibid.) Pablo asked Marcelino where they were going but the latter kicked him in the buttocks, and told him to just keep quiet and follow. (p. 15, Ibid.) Marcelino led the group to Barangay Cadi-is, Asuncion,* Davao. (p. 7, Ibid.) The group reached Cadi-is at 11:00 oclock in the evening (p. 17, Ibid.). Upon reaching the house of Welbino Magdasal, the group stood to observe for a while. (p. 12, TSN, January 18, 1988) Pablo Oca was posted as lookout five meters away from the house. (p. 17, Ibid. and p. 18, TSN, September 10, 1986) After some time, Fernando Maglinte went up the house and knocked at the door. (p. 17, Ibid.) The door was opened and Welbino Magdasal went out of the house. (p. 17, TSN, January 13, 1988) Marcelino ordered his companions to open fire at Welbino. (p. 24, TSN, September 10, 1986) The children who were inside the house started shouting. (p. 10, Ibid.) Three men from Marcelinos group went up the house and stabbed to death Welbinos wife, Wendelyn, and their two children, Welbino, Jr., and Melisa. (Ibid.) After the massacre, Marcelinos group went back to their detachment at Barangay Buan. (Ibid.) Upon arrival, appellant Sarenas asked Marcelino, Is it finished to which the latter answered, Yes, it is finished. (p. 11, Ibid.) Sarenas inquired further, Did you gather the CHDF? (Ibid.) Sarenas warned each member of Marcelino's group to keep quiet about the incident and threaten