G.R. No. 116524 - PEOPLE OF THE PHILIPPINES, VS. LYNDON FLORES Y MALARAYAP, ACCUSED-.

Ruling

accordingly disposed: In view of the above observations and findings, this Court found Lyndon Flores y Malarayap guilty beyond reasonable doubt of the crime of Murder without any mitigating nor aggravating circumstance attendant to its commission. Under the rule on application of penalty and as enunciated in People vs. Muñoz, et al., G.R. No. L- 38969-70, February 9, 1989, 170 SCRA 107, reiterated in People vs. Sadia, Jr., G.R. No. 92633, Oct. 17, 1991, 203 SCRA 62-71, the proper penalty imposable is reclusion perpetua. Hence, Lyndon Flores y Malarayap is hereby sentenced to suffer the penalty of RECLUSION PERPETUA together with the accessory penalty thereof (People vs. Penilles, et a!., G.R. No. 65673, 30 Jan. 1992; People vs. Catubig, G.R. No. 89732, Jan. 31, 1992). The accused shall be credited with the full extent of his preventive imprisonment in accordance with the provision of the Revised Penal Code. The accused is hereby ordered to pay the heirs of the victim the sum of P50,000.00 as and for death indemnity; the further sum of P30,000.00 for hospitalization and medicines and for the coffin and burial of Manuel Lazarte. The body of the accused is hereby committed to the custody of the Director of Prisons, National Penitentiary, Muntinlupa, Metro Manila, thru the Provincial Jail Warden of Marinduque. Let the mittimus be prepared for the accuseds immediate commitment. (p. 25, RoIlo.) From said decision, the instant present appeal has been interposed, with accused-appellant putting up the general allegations or, shot-gun type of arguments that the trial court erred in finding him guilty of murder instead of simple homicide. In consequence, accused-appellant submits that the trial court erred when it imposed the penalty of reclusion perpetua. We find no merit in the first argument. With regard to the second argument, we sustain accused-appellant but on the basis of grounds other than those he proffers. But first to the background facts which were capsulized by the trial court in this wise: Cesar Lanot pointed to the accused who is in court and declared that at 12:00 noon of June 20, 1993, while he was at the ground floor of their residence he saw Manuel Lazarte alias Ato being kicked by Lyndon Flores alias Jojo (accused). Ato was then opposite Rustico Malvars house lying on the pavement seven arms length from him dead drunk. Thereafter, Ato Lazarte was brought to the hospital. He explained that the accused hit Ato Lazarte at his stomach twice with the use of the right foot with Topsider leather shoes. He relayed that on that noon Atos mother Emperatriz Lazarte had an altercation with the accused due to a cassette belonging to the former. He was attracted by a commotion outside prompting him to go out so he saw Lyndon kicking Manuel Lazarte who had been lying on the pavement five (5) minutes before the kicking. Of the persons present around he can remember only Popong Mendoza, Taba, whose exact name he does not know and Lydia Vargas. Thereaf