G.R. No. 145731 - PEOPLE OF THE PHILIPPINES, VS. GREGORIO GERAL Y FERNANDEZ AND MARCOS USNAN Y BUSTAMANTE.LORETO SANTAN (AT LARGE), ACCUSED.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, accused Geral and Usnan were each sentenced to suffer the penalty of " reclusion perpetua to death" and ordered to indemnify solidarily the heirs of Josefina Estoce P50,000.00 for her death and P30,000.00 for funeral expenses. [1] Mary Ann Estoce, a computer operator, lived with her grandmother Josefina Estoce whom she called " Nanay " at Km. 19, Los Amigos, Tugbok, Davao City. On 18 August 1996, Sunday, at around 6:40 in the evening, Mary Ann was in their sala preparing to watch television when she heard someone knocking at the door. When she opened the door, she was met by three (3) rugged and apparently inebriated individuals who inquired from her if she knew one Roel Daban. When she told them that she was not familiar with the person and pointed to another house where they could inquire about him, the three (3) men entered the house while pointing a gun at Mary Ann. Two (2) of the intruders approached her grandmother Josefina Estoce and took turns manhandling her, while a certain Boy [2] brought Mary Ann upstairs and tried to rape her. But failing to rape her, Boy ordered Mary Ann to hand him over her money. After taking some P500.00 from her, Boy boxed Mary Ann on the stomach causing her to lose consciousness. When she recovered some three (3) minutes later, Mary Ann saw her Nanay lying in a pool of blood and no longer responding to her frantic cries. Accompanied by their neighbors, Mary Ann went to her relatives to seek their help. On the witness stand, complaining witness Mary Ann Estoce testified that some articles, particularly pieces of jewelry, their TV remote control, a bag, an umbrella, her passbook, an ATM card, all valued at approximately P6,000.00, and P500.00 in cash were taken by the robbers. [3] During the trial, Mary Ann Estoce positively identified Gregorio Geral as one of those who robbed them and killed her grandmother Josefina Estoce in the early evening of 18 August 1996. [4] Another prosecution witness, Edgar Sab-owan, testified that sometime on 7 August 1996 while attending the wake of his grandfather, he met Marcos Usnan alias Dodong who told him matter of factly that he and some companions were planning to rob somebody at Km. 20. On 9 August 1996 he again met Usnan who pointed to him the house that his group was intending to rob which, according to Usnan, was occupied by an old woman and a young lady. He further stated that on 18 August 1996 at around 8:30 to 9:00 o'clock in the evening Gregorio Geral alias Gorio and Loreto Santan alias Boy arrived at his house. Both wore muddied clothes and talked to each other in whispers. Edgar also said that Boy told him that their job was finished and that the old woman was dead. The following morning, 19 August, Ireneo Juesan alias Onyot arrived at his house carrying with him a camera and a TV remote control and wearing a ring on one of his fingers. Accused-appellant Gregorio Geral denied the accusations against him. He insisted that in the morning of 18 August 1996