G.R. Nos. 83437-38 - PEOPLE OF THE PHILIPPINES, VS. WILFREDO GUARIN Y REYES, ACCUSED-.

Ruling

WHEREFORE, in the light of the foregoing considerations, judgment is hereby rendered, finding accused WILFREDO GUARIN, guilty of the crime of Murder and Frustrated Murder, respectively, beyond reasonable doubt, as charged in the two informations, and therefore, sentences him as follows: 1. In Criminal Case No. L-3339 for Murder, to suffer an imprisonment of Reclusion Perpetua with the accessories provided for by law and to pay the costs. He is also ordered to indemnify the heirs of the victim in the amount of P30,000.00 without subsidiary imprisonment in case of insolvency; 2. In Criminal Case No. L-3340 for Frustrated Murder to suffer an indeterminate Imprisonment of TEN (10) YEARS and ONE (1) DAY of Prision Mayor as MINIMUM to SEVENTEEN (17) YEARS, FOUR (4) MONTHS and ONE (1) DAY of Reclusion Temporal as MAXIMUM with the accessories provided for by law and to pay the costs; 3. Accused is further ordered to pay the amount of P6,000.00 as actual damages incurred by the heirs of the victim, without subsidiary imprisonment in case of insolvency. Likewise, he is ordered to pay the sum of P1,000.00 to Alicia Reyes as actual expenses for her treatment, also without subsidiary imprisonment in case of insolvency; and 4. It appearing that he is a detention prisoner, he should be credited the full period of his temporary detention, pursuant to the provisions of Art. 29 of the Revised Penal Code. [5] In seeking the reversal of his conviction by the lower court, appellant, who was reportedly a policeman on detached service with the 152nd PC Company at the time of the killing, gave his version of what allegedly transpired on the night of June 30, 1985. Since by his admission that he shot the victims the onus probandi to justify his act was shifted to him, we shall first assess his credibility from his own lips, and this can best be done by a reproduction of his pertinent testimony instead of just the usual summary: Q In the afternoon of June 30, 1985, where were you? A I was at our residence at Barangay Quibaol, Lingayen, Pangasinan, sir Q While you were there, do you remember if before 7:00 o'clock of that date in the evening, there was anything unusual which occurred that called your attention? A Yes, sir, there was. Q What was that? A Person by the name of (Or)lando Reyes passed by our residence and challenging me to come out from my house, sir, for a fight. Q Now, this Orlando Reyes referred to by you, did you know him before he challenge(d) you for a fight? A Yes, sir, I know him. x x x Q You said that he was challenging you, how did he challenge you? A He shouted on top of his voice asking me to come out by saying in Pangasinan dialect, "I will kill you Fred." x x x Q To that challenge of his, what was your answer? A I told him, sir, to go home because he was already drunk. Q When you told him to go home, what did he do? A He moved a little bit away and then returned back and challenged me and told me (sic) invectives. x x x Q What next happened after