VS. ROLLY OBELLO Y PROQUITO, ACCUSED-.

Ruling

WHEREFORE, in view of the foregoing considerations, the Court finds accused Rolly Obello y Proquito guilty beyond reasonable doubt of the crime of MURDER as defined and penalized under Article 248 of the Revised Penal Code and there being no mitigating nor aggravating circumstance attendant to the commission of the crime, the Court hereby sentences the accused to suffer the penalty of Reclusion Perpetua with the accessory penalties provided by law; to pay the heirs of Danilo de Claro the sum of P50,000.00 plus the amount of P6,000.00 representing funeral expenses without subsidiary imprisonment in case of insolvency; and, to pay the costs. In view of the penalty imposed, the appeal was filed directly with this Court. [8] The Facts Version of the Prosecution The Appellees Brief presented the prosecutions version of the facts, as follows: [9] Sometime in [sic] September 1, 1991 at around 4:00 p.m. Ricardo de la Cruz was playing mahjongg [sic] together with four (4) others in the store of a certain May at Riverside Street, Barangay Commonwealth, Quezon City (TSN, de la Cruz, Feb. 4, 1992, pp. 8, 14). Suddenly, he heard people shouting outside (TSN, de la Cruz, Feb. 4, 1992, pp. 8, 14). Immediately, Ricardo rushed outside of the store and saw Rolly Obello holding Danilo de Claro by his two (2) arms and a certain Antonio Go (Tony) who came from the back of Rolly suddenly stabbed Danilo on the abdomen with a fan knife (tsn, de la Cruz, Feb. 4, 1992, pp. 8, 14-15). After stabbing Danilo, Tony and Rolly ran away (TSN, de la Cruz, Feb. 4, 1992, p. 9). Ricardo chased them, picked up a stone and when he was about to throw the stone, Rolly stopped him and said: Buda (Ricardos nickname), hinde katalo yan (referring to Tony) (TSN, de la Cruz, February 4, 1992, pp. 9-10, 15). Ricardo desisted from throwing the stone, then Tony and Rolly boarded a jeep and speed [sic] away (TSN, de la Cruz, Feb. 4, 1992, pp. 10, 15). As soon as the two fled, Ricardo returned to Danilo to help him. When Ricardo lifted Danilo, he noticed that blood was oozing from Danilos chest, so he inserted his finger on the stab wound to stop the flow of blood but the same proved to be futile (TSN, de la Cruz, Feb. 4, 1992, p. 10). Danilo said: Buda, take care of me, and then pushed Ricardo and he (Danilo) fell to the ground (TSN, de la Cruz, Feb. 4, 1992, p. 10). Ricardo together with Danilo de Claro, Jr. carried Danilo and brought him to the hospital. At the hospital, they were informed by the attending physician that Danilo suffered three (3) stab wounds which caused his death (TSN, de la Cruz, Feb. 4, 1992, pp. 10-11). However, of the three (3) stab wounds suffered by Danilo, Ricardo only witnessed Tony deliver his last stab blow which hit Danilos abdomen (TSN, de la Cruz, Feb. 4, 1992, pp. 8, 15). Version of the Defense The trial court narrated appellants version of the incident, viz. : [10] Accused Rolly Obellos defense is denial. He testified that on September 1, 1991 at