G.R. No. 142654 - PEOPLE OF THE PHILIPPINES, VS. ROLANDO MENDOZA Y CARPIO.DECISION - Supreme Court E-Library

Ruling

WHEREFORE premises considered and the prosecution having established to a moral certainty the guilt of Accused ROLANDO MENDOZA of the crime of murder as defined and penalized under Art. 248 of the Revised Penal Code as amended by RA 7659, this Court hereby sentences the said accused to suffer the penalty of reclusion perpetua; to indemnify the legal heirs of the deceased the civil indemnity of P50,000.00; to compensate MELY CRUZ [for] the stipulated actual damages of P65,000.00; to pay Mrs. BEATRIZ VALDOZ moral damages of P40,000.00 and to pay the costs, without any subsidiary imprisonment in case of insolvency. "The preventive imprisonment suffered by the accused shall be credited in full in the service of his sentence in accordance with Art. 29 of the Revised Penal Code." [4] The Information, [5] dated January 27, 1999, charged appellant, together with his co-accused Reynaldo Balverde, as follows: "That on or about the 11 th day of October, 1998 in Caloocan City, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused, without any justi[fi]able cause, conspiring together and mutually aiding one another, with deliberate intent to kill and with treachery and evident prem[e]ditation, did then and there wil[l]fully, unlawfully and feloniously attack, assault and stab with bladed weapons on the different parts of his body one PRUDENCIO VALDOZ Y SANTOS, thereby inflicting upon the latter serious physical injuries which injuries caused the victim's death at East Avenue Medical Center after several days of confinement." [6] On March 15, 1999, the trial court issued warrants of arrest [7] against the two accused. Herein appellant was arrested on October 19, 1999 [8] but his co-accused, Balverde, has remained at large. When arraigned on November 3, 1999, appellant pleaded [9] not guilty after the Information had been read and interpreted to him in a language that he fully understood. [10] After pretrial, trial on the merits ensued against him alone. Thereafter, the lower court promulgated its assailed Decision. The Public Attorney's Office, counsel for appellant, filed the Notice of Appeal on March 27, 2000. [11] The Facts Version of the Prosecution In its Brief, [12] the Office of the Solicitor General presents the prosecution's version of the facts as follows: "About 8:00 in the evening of October 11, 1998, Eduardo Mariquit was walking on his way home from his sister's house. While traversing Sta. Rita Street, San Vicente Ferrer, Tala, Caloocan City, he saw Prudencio Valdoz repeatedly stabbed by appellant Rolando Mendoza alias `Patsy' and Reynaldo Balverde, Jr. alias `Jingjing.' Using a kitchen knife, appellant stabbed Prudencio Valdoz on the stomach. Likewise, Reynaldo Balverde stabbed Prudencio twice with a butcher's knife, hitting the latter below the left armpit. Wounded, Prudencio Valdoz staggered and collapsed. Reynaldo Balverde alias `Jingjing' approached Eduardo Mariquit and warned him saying `wala kang nakita,