G.R. No. 124705 - PEOPLE OF THE PHILIPPINES, VS. GERRY SUMALPONG, JOSEPH LUMUNGGO, MELCHOR FERNANDO AND BILLY LAKSINTO, ACCUSED, GERRY SUMALPONG AND MELCHOR FERNANDO, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in the light of all the foregoing, the Court finds the guilt of Accused Gerry Sumalpong and Melchor Fernando established beyond reasonable doubt and therefore guilty of the offense charged in the information and hereby sentences each of them for the death of Arola Dilangalen to suffer the penalty of DEATH and to indemnify the heirs of Arola Dilangalen jointly and severally, in the amount of [o]ne hundred thousand pesos (P100,000.00) as and for exemplary damages. For the wounding of Mohammad Managuili, the accused are each sentenced to suffer the penalty of 17 years, 4 months and one day to twenty years of Reclusion Temporal in its maximum period, with the accessories of the law and to pay the said victim, jointly and severally, the amount of [f]ifty thousand pesos (P50,000.00) as and for actual and moral damages. Let the entire records of this case together with the transcript of stenographic notes be forwarded to the Supreme Court immediately for review. No costs. [7] The Facts Version of the Prosecution After a thorough perusal of the evidence proffered by both the prosecution and the defense, we find the facts as narrated by the trial court to be fairly reflective of the evidence for the prosecution. The relevant portions are hereinbelow reproduced: x x x [On] January 12, 1994 at about 8:00 oclock in the evening, Arola Dilangalen and Mohammad Managuili escorted home their friend, Jukaris Buan at Nayon Shariff Kabunsuan, Cotabato City taking a service owned by a certain Nong Fred. Only Jukaris Buan alighted upon reaching home and thereafter, the owner of the service vehicle together with Arola Dilangalen and Mohammad Managuili returned way back home. Arola Dilangalen and Mohammad Managuili alighted at 4J Pizza House along Notre Dame Avenue to take merienda. After both took merienda, they went out of the pizza parlor to go home. While waiting for a tricycle to take them home, they saw four (4) men near an electric post around five (5) meters away at the other side fronting the 4J pizza parlor, who suddenly and simultaneously stabbed them. Arola Dilangalen died of hemmorhage and antecedent multiple wounds as shown in the Death Certificate marked as Exhibit A. Mohammad Managuili sustained stab wounds on the right ant[erior]-axillary line as shown in the Medical Certificate which was marked as Exhibit B. [8] Managuili was initially brought to an emergency hospital, then transferred to the Cotabato Regional Hospital where his wound was sutured by Dr. Pearlie Sibud. [9] He was confined there until January 14, 1994, [10] the same day on which Police Officer Bernard Tayong brought before him five persons, including Appellant Gerry Sumalpong, for identification purposes. Sumalpong was positively identified by Managuili as one of the assailants. [11] Bai Farida Dilangalen, mother of Victim Arola, testified that, upon learning that her son was stabbed to death, she collapsed and felt grief, while her husband suffered hypertension. She e