G.R. No. 110001 - PEOPLE OF THE PHILIPPINES, VS. ELMER HEREDIA @ BOLL JACK, ALEXANDER RUBIO AND NELSON LYNSON CHUA, ACCUSED, ELMER HEREDIA, ACCUSED. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding the herein accused Elmer Heredia GUILTY beyond reasonable doubt for the crime of Murder, said accused is hereby sentenced to an indeterminate penalty by imprisonment of 12 years, 5 months and 11 days of reclusion temporal as minimum to reclusion perpetua as maximum with the accessories of the law and to indemnify the legal heirs of Innocentes Tan the amount of P30,000.00 and to pay the cost." Heredia appealed to the Court of Appeals which adopted the findings of facts of the RTC to wit: "Prosecution witness Franklin Saplad together with the deceased Inocentes Tan and accused Elmer Heredia were co-workers at El Marino Bar and Restaurant located in Mandaue City. On May 18, 1989 at around 2:30 in the morning, witness Franklin Saplad together with the deceased Inocentes Tan and Sonny Boy Rosello, went out of El Marino Bar and Restaurant in order to go home, when someone from the group of Elmer Heredia threw a bottle to them and because of fright they ran away. However, while running away, he noticed that the deceased Inocentes Tan who was a little bit behind him was overtaken by the group of Elmer Heredia who were pursuing them and thereafter, he saw Lynson Chua held the hands of Inocentes Tan and accused Alexander Rubio holding the hair of the deceased Inocentes Tan while accused Elmer Heredia delivered a stabbing blow towards the deceased Inocentes Tan and when the deceased Inocentes Tan was already lying on his back on the ground, accused Elmer Heredia squatting over him and still stabbing him, he and Sonny Boy Rosello ran towards the police station to report the incident and when they came back they were already together with the policemen. Upon arrival at the vicinity of the El Marino, they saw that Inocentes Tan was already lying down and noticed that there was still life on him so they brought him to the Cortes General Hospital but before their arrival thereat Inocentes Tan already died. Sonny Boy Rosello informed the family of the deceased Inocentes Tan and the brother of the deceased by the name of Jose Tan Jr. made arrangement for the dead body of Inocentes Tan to be taken care of by the Cosmopolitan Funeral Homes. xxx" [6] The Court of Appeals modified the RTC's decision by increasing the penalty imposed to reclusion perpetua , the dispositive portion of which reads: "WHEREFORE, in view of all the foregoing, judgment is hereby rendered DISMISSING the appeal. The decision of the lower court is, however, MODIFIED as follows: WHEREFORE, finding herein accused-appellant ELMER HEREDIA alias Boll Jack, GUILTY beyond reasonable doubt of the crime of Murder, he is hereby sentenced to suffer the penalty of Reclusion Perpetua with the accessories of the law, and to indemnify the legal heirs of Inocentes Tan in the amount of P50,000.00 and to pay the costs. The accused being a detention prisoner shall be credited in the service of his sentence full time during which he has undergone preventive imprisonment. In the meantime, since a