G.R. No. 175195 - VIRGILIO BUG-ATAN, BERME LABANDERO GREGORIO MANATAD, VS. THE PEOPLE OF PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Maramara, upon re-arraignment, pleaded guilty to a lesser offense of homicide, a crime necessarily included in the charge of murder. [6] It would appear, however, that before he was indicted or thereabout, Maramara executed an extrajudicial confession [7] wherein he admitted shooting the victim to death and implicated as his co-conspirators herein petitioners Gregorio Manatad (Manatad), Virgilio Bug-atan (Bug-atari) and Bernie Labandero (Labandero). Based on the account of Maramara, petitioners were accordingly charged with murder in an Information dated August 25, 1993, the accusatory portion of which reads: The State accuses GREGORIO MANATAD, VIRGILIO BUG-ATAN and BERNIE LABANDERO of MURDER, committed as follows: That on or about the 15th day of April 1993, in the City of Mandaue, Philippines, and within the jurisdiction of this Honorable Court, the aforenamed accused in conspiracy with NORMAN MARAMARA whose information for murder was filed on June 9,1993, docketed as Criminal Case No. DU-3721 who was convicted on July 19, 1993, and with others who shall be prosecuted separately once sufficient and/or corroborative evidence are gathered and secured, and proper preliminary investigation is conducted thereon, with deliberate intent to kill and with treachery and evident premeditation, did then and there willfully, unlawfully and feloniously conspire, confederate and help one another in inducing and causing die said NORMAN MARAMARA to attack, assault and shoot Pastor Papauran with a handgun, thereby inflicting upon the latter mortal wound at his vital portion which caused his death soon thereafter, CONTRARY TO LAW. [8] Petitioners, when arraigned, pleaded not guilty. Thereafter, trial ensued. Factual Antecedents The CA, in its assailed Decision, chronicled the facts in this sequence: On April 14, 1993, at around 12:00 o'clock noon, accused-appellants Manatad and Bug-atan arrived at La Paloma, Labangon, Cebu City to meet with Maramara [whom] they instructed x x x to go to Mandaue City and kill Pastor Papauran. Accused-appellants Bug-atan and Manatad gave Maramara a .38 caliber revolver with three reserve[d] bullets and P500.00 for transportation money. The sum of P30,000.00 was also offered to Maramara as part of the considerations for his killing Pastor Papauran, together with a promise that accused-appellant Bug-atan would move for the dismissal of Criminal Case No. CBU-24099, a case for murder filed against Maramara which was pending before the sala of then Judge Portia Hormachuelos. Sometime in the morning of April 15, 1993, Maramara met with accused- appellants Bug-atan and Labandero at Labangon, Cebu City. Thereafter, Maramara and accused-appellant Labandero boarded a passenger jeepney and proceeded to Mandaue City to carry out the task of killing Pastor Papauran. Accused-appellant Bug-atan, on the other hand, road [sic] Ms motorcycle to Labogon, Mandaue City and waited in the comer outside Pastor Papauran's house to act as back-