G.R. No. 153213 - PEOPLE OF THE PHILIPPINES, VS. RICARDO LATAG ALIAS “CARDO”.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds the accused, RICARDO LATAG alias CARDO, guilty beyond reasonable doubt, as principal by direct participation, of the crime of Murder, as defined and penalized under Article 248 of the Revised Penal Code, without any modifying circumstance, and sentences him to suffer the penalty of RECLUSION PERPETUA, with all its accessory penalties, and to pay the costs of this suit. The accused is also ordered to pay to the heirs of Judie Acosta the sums of P50,000.00, as indemnification for his death, and P80,000.00, as actual damages. [2] The Information [3] dated February 7, 2000, charged appellant as follows: That on or about the 31 st day of December, 1999 at about 8:00 oclock in the evening at Brgy. Tanguay, Lipa City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, while armed with a firearm (cal. 22), with intent to kill and with treachery, did then and there wilfully, unlawfully and feloniously attack, assault and shoot with the use of said firearm (cal. 22) suddenly and without warning one Judie Acosta thereby inflicting upon the latter gunshot wound on his body which directly caused his death. [4] Upon his arraignment on September 6, 2000, [5] appellant, assisted by his counsel, [6] pleaded not guilty. After trial in due course, the court a quo rendered the assailed Decision. The Facts Version of the Prosecution In its Brief, the Office of the Solicitor General (OSG) presents the prosecutions version of the facts as follows: On December 31, 1999, at 7:00 in the evening, prosecution witness Alejandro Atienza, Armando Lumbera, Norberto Africa, Alfredo Lumbera, Angelito Africa, a certain Ka Nardo and Ka Efren, together with victim Judie Acosta were celebrating New Years eve at the back of the house of a certain Carlos Librea at Barangay Tanguay, Lipa City. The group was in a long table and happily drinking Gilbeys gin to welcome the new year. Victim Judie Acosta was at the left side of the long table and was seated between prosecution witness Alejandro Atienza and Jun Africa, at the far end left of the long table. While they were celebrating in a festive mood, a gunshot was heard coming from the direction of the left side of the long table they were occupying. Thereafter, prosecution witness Alejandro Atienza looked towards the direction where the gunshot was heard and saw accused-appellant Ricardo Latag holding a firearm (caliber .22) and standing behind the San Francisco shrubs which served as fence of the yard of Carlos Libreas house. In the aftermath of the gunshot report, the victim Judie Acosta shouted Kuya Caloy, may tama ako. He was later found to have been hit at the left back portion of his armpit. Accused-appellant Ricardo Latag, while still holding a firearm fled towards the east. The victim was later brought to the hospital by his father but later succumbed to the gunshot wound. The autopsy report dated December 31, 1999 showed the following findings: x