G.R. No. 134246 - PEOPLE OF THE PHILIPPINES, VS. EDUARDO SAN ANDRES Y ANTONIO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly sentenced him to reclusion perpetua . Consequently, pursuant to Sec. 13, par. 2, of Rule 124 of the Rules of Court, the Court of Appeals refrained from entering judgment and certified the case to this Court for review. [1] These are the facts: On the night of 18 November 1994 the spouses Engracio and Sesona Albao of Tarosanan, Camaligan, Camarines Sur, attended the birthday celebration of their grandson, son of their son Arnulfo Albao, in the latter's residence. At around 11:00 o'clock in the evening Engracio and Sesona decided to go home. However, they had to take home another son, Enrico, who was already drunk. After reaching Enrico's house and making sure he was already asleep, the couple left for home. On their way they passed through rice paddies and then trudged the elevated road where they met accused Eduardo San Andres and Henry San Andres. Eduardo and Henry were standing quietly about one and a half (1 1/2) meters away. They were armed with a samurai and a knife, respectively. [2] Engracio innocently asked them why they were armed and who their enemies were. But before he could get any answer Eduardo and Henry simultaneously attacked him. Eduardo hacked Engracio with his samurai while Henry stabbed him several times with his knife. [3] Overwhelmed by the unexpected attack, Engracio was forced to parry off the repeated blows with his bare hands. But sensing the futility of any defense as his wounds were now mounting and sapping his strength, Engracio fled. He ran downwards to the rice paddies but Henry chased him. The deep mud in the paddies coupled with his debilitating condition due to his injuries prevented his escape. He fell on his back, and in no time Henry caught up with him. Henry astraddled his fallen victim and then delivered the coup de grace . Meanwhile, Eduardo remained standing on the road with his samurai still on hand even as Senona shouted hysterically for help. [4] When Enrico and his wife heard their mother shouting from outside they jumped out of bed and ran towards the place of the "incident." [5] But they were stopped in their tracks by Eduardo who drove them back to their house brandishing his samurai . [6] It took Enrico some three (3) minutes before he could muster enough courage to make another attempt to rescue his parents. But it was too late. His father was already mortally wounded. He could only bring his father with the help of some barangay officials to the city hospital where he eventually died. The following day, or on 19 November 1994, Dr. Felix Prado conducted a postmortem examination on the cadaver of Engracio Albao. According to Dr. Prado, Engracio's death was the result of the multiple stab wounds he received, and that of the twenty-two (22) wounds he sustained, wounds Nos. 1, 2, 3, 5, 6 and 20 were fatal, each of which being enough to cause the victim's death. [7] The examining physician further testified that the injuries of Engracio could have been caused by sharp and pointed instrumen