G.R. No. 129695 - PEOPLE OF THE PHILIPPINES, VS. EDUARDO TABONES @ "YAPE," MARIO CAILLO AND SAMUEL SERONA, ACCUSED. EDUARDO TABONES @ "YAPE,". D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the judgment is hereby rendered finding accused Eduardo Tabones guilty beyond reasonable doubt of the crime of murder, but appreciating in his favor the mitigating circumstance of voluntary surrender, the court hereby imposes upon said accused Eduardo Tabones the penalty of reclusion perpetua and to pay the heirs of Marlon Lim the amount of P50,000.00 by way of idemnification and to pay the cost of the suit." [4] Hence, this appeal direct to this Court. [5] The Facts Evidence for the Prosecution In the Appellee's Brief, the Office of the Solicitor General [6] presented the following narration of facts: "In the early morning of May 15, 1994, the victim Marlon Lim and Arnold Legones [7] were on their way to their respective residence[s] at Barangay 96, Calanipawan, Tacloban City after watching a dance. (pp. 2-3, transcript of stenographic notes (tsn), November 15, 1994) "Along the way, the victim and Legones were accosted by appellant Eduardo Tabones and his companions Samuel Serona and Mario Caillo. Appellant immediately boxed the victim on his chest [and the latter] fell on the ground. (p.5, tsn, ibid ) Thereupon, Serona held the victim's left hand while Caillo held the right hand. While the victim lay prostrate with his arms held by Serona and Caillo, appellant stabbed him with a bladed weapon (a pisao ) on the left side of the chest.(pp. 5-6, tsn, ibid ) "After appellant stabbed the victim, the latter was able to free himself from the hold of Serona and Caillo and ran away. (p. 7, tsn, ibid ) "The victim was brought and was admitted at the Bethany Hospital where he died five (5) hours after being admitted. (p. 8, tsn, ibid ) "Dr. Leoncio Amparado, the victim's attending physician, executed a Medico Legal Report (Exh. "A") where he described the fatal wound as follows: 'Stab wound 1.3 cm. long, longitudinal, (L) lateral chest, level of 7 th ICS, along MAL, directed postere[o]medially and inferiorly, penetrating (L) hemothorax with massive pneumothorax, lacerating (L) hemidiaphragm, penetrating abdominal cavity, perforating body of stomach, anterior portion, thru and thru lacerating gastrocolic ometum, with massive hemiperitoneoum.' "The wound caused massive bleeding which resulted in the death of the victim.(p. 3, tsn, September 29, 1994)" [8] Evidence for the Defense In the Appellant's Brief, [9] the defense invokes alibi and summarizes the testimonies of its four witnesses as follows: "EDUARDO TABONES, the accused-appellant, testified that at around 10:00 o'clock in the evening of May 14, 1994, he was in the company of his mother, Violet[a] Tabones and co-fish vendor Marina Abrematea at the shedhouse [sic] located at Old Road, Sagcahan, Tacloban City to buy fish to be sold later at the V and G flea market. After buying one foam container of burao fish worth P1,150.00, he[,] together with his mother and Marina Abrematea who was able to buy the same volume and amount of fish, loaded the same on a hired tricycle and brought it to the V