G.R. No. 138645 - PEOPLE OF THE PHILIPPINES, VS. WILBERT CABAREÑO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, there being sufficient and satisfactory proof shown to establish the guilt of the accused, Wilbert Cabareño alias "Bebot", beyond reasonable doubt of the crime of murder with which he stands charged, he is therefore hereby sentenced to suffer the penalty of reclusion perpetua with such accessory penalties as provided in Article 41 of the Revised Penal Code and, moreover, to indemnify the family of the victim [in] the amount of P50,000.00 as well as reimburse the family [in] the amount of P89,000.00 for the expenses [for] the wake and burial of the victim, and [to] pay the cost." [4] The Facts Version of the Prosecution In its Brief, [5] the Office of the Solicitor General presents the following narration of facts: "December 13, 1997, [was] the barangay fiesta of Jayobo, Lambunao, Iloilo (TSN, April 24, 1998, p. 4). At around 9:00 [o]n the evening of the same day of festivities, a disco was going on near the house of Barangay Chairman Aurelio Catedrilla (Ibid., pp. 5-6). Suddenly, there was a commotion near the store that was located a few arm's length away from the venue of the disco (Ibid., p. 7). It involved a certain Pestilo and the younger brother of a certain Manolo (Ibid., pp. 8-9). The younger brother of Manolo splashed beer on Pestilo (Ibid., p. 9). Then, Aurelio Catedrilla went to the place where the trouble was to pacify them (Ibid., pp. 9-10). He was followed by Nerio Casaquite (Ibid.). When Aurelio Catedrilla reached the place, Wilbert Cabareño, alias Bebot, shot him at the back with a 10 inch long firearm (Ibid., pp. 10 and 12). However, instead of the bullet hitting Aurelio Catedrilla, it hit the back of Nerio Casaquite (Ibid., p. 12). Wilbert Cabareño was about two arm's length away from them when he pulled the trigger (Ibid., p. 11). "Nerio Casaquite fell to the ground, while Wilbert Cabareño fled from the scene (Ibid., p. 13). The barangay tanod came to Nerio Casaquite's aid and brought him to the hospital (Ibid.). "However, Nerio Casaquite later succumbed to the gunshot wound he sustained (Ibid., pp. 23-25)." [6] Version of the Defense Denying the charge against him, appellant narrates the facts in the following manner: [7] "On December 12 and 13, 1997, Barangay Jayobo, Lambunao, Iloilo, was celebrating its Barangay Fiesta. As additional come ons to liven the celebration, a disco dance was held every night from December 12 to 13, 1997 near the house of the incumbent [b]arangay [c]aptain, Aurelio Catedrilla. On December 13, 1997 at about 9:00 o'clock in the evening, while the disco dance was in progress, a certain Tayok Estiba and Pablo Sanchez were having a drinking spree at the nearby store about two (2) armslength [sic] from the "discohan", probably as a sign of having reconciled after their quarrel the night before December 12, 1997, which was successfully pacified by Nerio Casaquite and Barangay Captain Aurelio Catedrilla. At that particular time, accused-appellant while passing by the store t