G.R. No. 101829 - PEOPLE OF THE PHILIPPINES, VS. BONIFACIO ZAMORA, FELIX SALADAR, JULIO ALVARINO, RODOLFO JASA, AS PRINCIPALS; AND WILFREDO BARRIOS, AS ACCESSORY, ACCUSED, BONIFACIO ZAMORA, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds the accused, Bonifacio Zamora, guilty beyond reasonable doubt of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code, and the Court hereby sentences said accused to suffer the penalty of reclusion perpetua with costs. Bonifacio Zamora is directed to indemnify the heirs of his victim the amount of Fifty Thousand Pesos (P50,000) for the death of Mandatu Luntayan, Sr. and the amount of Ten Thousand (P10,000.00) Pesos as moral damages, or a total indemnity of Sixty Thousand Pesos (P60,000.00). [6] The Facts Version of the Prosecution The evidence for the prosecution consisted of: (1) the testimonies of Lucila Luntayan and Mandatu Luntayan, Jr., wife and son, respectively, of the victim, and Dr. Renato Sara as an expert witness; and (2) the sworn statement of Lucila and the medical and the death certificates of the victim issued by Dr. Sara. The trial court summarized the facts as presented by the prosecution as follows: It appears that the family of Mandatu Luntayan, Sr. resides at Bual Sur, Midsayap, Cotabato. In the evening of September 20, 1984, his wife, Lucila Luntayan, three (3) sons and two (2) daughters, were in their house at Bual Sur. They were waiting for Mandatu Luntayan, Sr. who went to the Poblacion of Midsayap. Past six oclock that evening, the residents of the house of Mandatu heard the arrival of a tricycle along the Barangay Road near Mandatus house. Mandatu Luntayan, Jr. looked outside their house towards where he heard the tricycle stop. He saw his father, Mandatu Luntayan, Sr. being hacked by some people. Lucila and Mandatu, Jr. went out of their house to verify what was happening to Mandatu, Sr. They brought with them a flashlight. The place where the hacking took place along the Barangay road is about ten meters to their house. They had their flashlight focused on their father who was being hacked by three (3) persons. Mandatu, Sr. was bathe with blood. When they got nearer, they recognized the three persons hacking Mandatu, Sr. to be Julio Alvarino, Bonifacio Zamora and Felix Saladar. The Luntayan family has known the three, Alvarino, Zamora and Saladar, because they have been neighbors at Bual Sur for more than five (5) years already. Lucila and Mandatu, Jr. readily identified Bonifacio Zamora in court as one of the three men who hacked Mandatu, Sr. to death that evening of September 20, 1984. Mandatu, Sr. fell to the ground and the three men continued hacking him. Mandatu, Jr. approached his father but Bonifacio Zamora hacked him. Mandatu, Jr. was not hit because he was able to evade the hacking of Zamora by moving backward. Lucila shouted and the three men fled into the darkness. Lucila and Mandatu, Jr. went to Mandatu, Sr. who was still on the ground. They assisted Mandatu, Sr. and brought him to their house. In their house, Mandatu, Sr. told them that he was hacked by Pareng Julio, Boning and Felix. Mandatu, Sr. was serious and they loaded him on a Ford Fi