G.R. No. 112984 - PEOPLE OF THE PHILIPPINES, VS. CRESENCIO DE GRACIA AND BONIFACIO DE GRACIA, ACCUSED-.

Ruling

accordingly proceeded to trial. Thereafter, judgment was rendered finding Cresencio and Bonifacio de Gracia guilty as charged and sentenced "to suffer the penalty of reclusion perpetua" . . . and "to indemnify, jointly and severally, the heirs of the deceased Crispin Almazan in the sum of P50,000.00 as moral damages, and the total sum of P29,250.00 as actual damages and expenses, without subsidiary imprisonment in case of insolvency, and to pay the costs." [3] Accused-appellants now seek the reversal of their conviction based on the following assignment of errors: "I THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANTS CRESENCIO DE GRACIA AND BONIFACIO DE GRACIA, JR. ON THE BASIS OF THE PROSECUTION WITNESSES INCONSISTENT AND IMPROBABLE TESTIMONIES. II THE TRIAL COURT ERRED IN NOT GIVING EXCULPATORY WEIGHT ON ACCUSED-APPELLANTS IMPUTATION OF MOTIVE UPON THE VICTIM AND THE LATTERS RELATIVES WHO TESTIFIED FOR THE PROSECUTION. III THE TRIAL COURT ERRED IN NOT ACQUITTING ACCUSED-APPELLANTS ON THE GROUND OF SELF-DEFENSE AND DEFENSE OF RELATIVE. IV THE TRIAL COURT ERRED IN NOT CREDITING ACCUSED-APPELLANT BONIFACIO DE GRACIA, JR. WITH THE MITIGATING CIRCUMSTANCE OF VOLUNTARY SURRENDER AND, CONSEQUENTLY, IN NOT APPLYING THE BENEFITS OF THE INDETERMINATE SENTENCE LAW IN THE IMPOSITION OF THE PENALTY." [4] The pertinent antecedents of the case, aptly narrated in the Peoples brief and duly supported by the evidence on record, are as follows: "On February 19, 1992 at around 7:00 in the evening, Anita Almazan was at her yard in front of her house in Barangay Cuyapo, Nueva Ecija when she saw brothers Cresencio, Dalmacio and Bonifacio De Gracia hurling invectives against the Almasan family. Soon, her brother-in-law, 70 year old Crispin Almasan, went out of his house toward the yard but was met by the De Gracias. As they came closer, Crispin said, "My sons, why is it that when you are drunk or have taken intoxicating liquor, you used to utter unsavory words against us? You better behave (Annac co, apay aya nga no mabartec kayo ket pagsasawan yo came. Agtal na cayo man)."Vulva of your mother, Almasan" (Okihna yo nga Almazan), Cresencio blurted outed out as he hooked Crispins neck with a bamboo (bayog) in his hand. Almost simultaneously, Bonifacio (a.k.a. Junior De Gracia) stabbed Crispin with a sharp pointed bolo about a foot long causing the latter to fall to the ground. Bonifacio followed with blow. Dalmacio took his turn and hit Crispin twice on the right shoulder with a spear (poka). The De Gracias pulled (pinarungguyod) Crispin toward the door of their house where they took turns in stabbing him. Thereafter, the three fled (TSN, July 3, 1992, pp. 2-4, August 4, 1992, pp. 3-4). Upon seeing this, Anita Almazan, who was exactly opposite the crime site, shouted for help. She approached the lifeless bloodsoaked body of the victim and saw the wounds inflicted by appellants. "Meantime, Aries Almazan, who also witnessed the commission of the crime while gu