G.R. No. 151251 - PEOPLE OF THE PHILIPPINES, VS. HOMER MAGDARAOG Y SALONA, MANUEL MAGDARAOG Y SALONA, DAVID MAGDARAOG Y SALONA AND ARIEL MAGDARAOG Y SALONA, ACCUSED.HOMER MAGDARAOG Y SALONA AND MANUEL MAGDARAOG Y SALONA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, accused Homer Magdaraog and Manuel Magdaraog are hereby convicted of the crime of murder under Article 248 of the Revised Penal Code and sentenced to suffer the penalty of reclusion perpetua with all the accessory penalties provided by law and to pay the costs. The accused are further sentenced to pay the legal heirs of the victim actual damage[s] in the amount of P30,000.00, P50,000.00 as civil indemnity and P50,000.00 by way of moral damages with interest at the rate of 12% per annum from this date until fully paid. [2] The Amended Information, [3] dated July 26, 2000, charged appellants together with their two other brothers, David and Ariel Magdaraog, as follows: On or about May 8, 2000, in Taguig, Metro Manila, and within the jurisdiction of this Honorable Court, the accused, conspiring and confederating together and all of them mutually helping and aiding one another, armed with an icepick with intent to kill, and by taking advantage of superior strength, evident premeditation and by means of treachery, did then and there willfully, unlawfully and feloniously stab one Angel Martirez Jr. y Agonos, on the vital parts of his body, thereby inflicting upon the latter multiple stab wounds which directly caused hi[s] immediate death. [4] Upon their arraignment on June 13, 2000, [5] Homer and Manuel Magdaraog, assisted by their counsel de parte , [6] pleaded not guilty. The two other accused -- David and Ariel Magdaraog -- were and have remained at large. Hence, trial in regard only to appellants proceeded in due course. Thereafter, the court a quo rendered the assailed Decision. The Facts Version of the Prosecution In its Brief, [7] the Office of the Solicitor General (OSG) presents the prosecutions version of the facts as follows: On May 8, 2000, on or about 5:00 P.M., Homer, Manuel and David Magdaraog arrived at the vulcanizing shop of Rogelio Brazal, located at AT[U] Site, Fort Bonifacio, Taguig, and had a talk with their youngest brother, Ariel, who worked as a tireman at the shop. Thereafter, the Magdaraog brothers, together with Rogelio Brazal and a certain Salvador A[suela], Jr., had a drinking spree at the vulcanizing shop. Around 9:30 in the evening, they transferred to the videoke restaurant just beside the vulcanizing shop. A little past 10:00 P.M., the owner of the restaurant told them that it was closing time and so Rogelio proceeded back to his vulcanizing shop together with Salvador. After a few minutes, Rogelio also saw the Magdaraog brothers leave the restaurant and, passing by the vulcanizing shop, the brothers told Rogelio that they were leaving. What happened next was that Rogelio heard a commotion outside his shop and when he looked out he saw Angel Martirez, another tireman at the vulcanizing shop, being chased by the Magdaraog brothers. When Angel stumbled and fell down, he was mobbed and mauled by the brothers. Rogelio ran towards Angel and the brothers left. Rogelio lifted Angel who was already unconscio