G.R. No. 144589 - PEOPLE OF THE PHILIPPINES, VS. JUANITO PACUANCUAN.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the prosecution having convincingly and satisfactorily proven the guilt of the accused beyond reasonable doubt for the offense charged, without any mitigating and aggravating circumstance to consider, the court hereby sentences the accused to RECLUSION PERPETUA, with all the accessory penalties provided for by law; to indemnify the heirs of the deceased victim the sum of P100,000.00 as actual and compensatory damages and the additional sum of P500,000.00 by way of moral and exemplary damages, and to pay the costs." [2] The Information [3] dated December 2, 1998, charged appellant in these words: "That on or about the 15 th day of October, 1998, in the [M]unicipality of Aurora, [P]rovince of Isabela, Philippines, and within the jurisdiction of this Honorable Court, the said accused, with intent to kill and with evident premeditation and treachery, did then and there willfully, unlawfully and feloniously assault, attack and stab with a pointed/bladed instrument one Jonathan Perdido, inflicting upon him a stab wound 1 inch wide, 3-4 inches deep, 1 centimeter above the nipple, which directly caused his death." [4] Upon his arraignment on February 3, 1999, [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 prosecution's version of the facts in the following manner: "About 9:00 P.M. of October 15, 1998, Ferdinand Evangelista and Jonathan Perdido were at Abresias' Lomi House, located at San Pedro-San Pablo, Aurora, Isabela, seated at a table and drinking beer. Also inside the eatery were two persons identified by Evangelista in court as Juanito Pacuancuan and a companion named Domingo Saring. While inside the eatery, an [altercation] ensued between Pacuancuan's group and [Perdido's] over the use of the eatery's videoke microphone. At about 10:30 P.M., Perdido and Evangelista went out of the eatery. Evangelista left Perdido at the `lomi haus' and proceeded to a nearby burger stand located a few meters south of the lomi haus for a snack. "About 10:40 p.m. of October 15, 1998, Roman Tumayao was on the second floor of his house, which was located along the highway about twenty (20) meters away from the `lomi haus.' Thereat, Tumayao saw two persons standing along the highway near his house. Tumayao heard one of them say `We go back he is only a tricycle driver,' whom Tumayao pointed to in court as Juanito Pacuancuan. Tumayao then heard the other person, who was embracing Pacuancuan, reply `No more, we just go home because it is bright,' referring to the light in front of Tumayao's house. But Pacuancuan refused and said [they will put off the light]. After the light was turned off, Pacuancuan extricated himself from the hold of his companion and immediately proceeded to the `lomi haus.' Evangelista, who was about seven (7) meters away and unaware that Pacuan