G.R. No. 191722 - PEOPLE OF THE PHILIPPINES, VS. GERRY SABANGAN AND NOLI BORNASAL, ACCUSED, GERRY SABANGAN, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding sufficient evidence to prove the guilt of accused beyond reasonable doubt, this Court hereby sentences both accused GERRY SABANGAN and NOLI BORNASAL to suffer the penalty of RECLUSION PERPETUA. Both accused are further sentenced to pay and indemnify the heirs of Abe Felonia the following sums: 1) P50,000.00 civil indemnity; 2) P200,000.00 moral damages; 3) P234,080.00 actual damages; 4) P50,000.00 exemplary damages; 5) P50,000.00 attorneys fees. [32] Sabangan and Bornasal directly appealed the RTC judgment to this Court, [33] but in a Resolution [34] dated August 8, 2005, the Court, in accordance with its ruling in People v. Mateo , [35] referred the case to the Court of Appeals for appropriate action and disposition. In their Brief [36] before the Court of Appeals, Sabangan and Bornasal, represented by the Public Attorneys Office (PAO), assigned the following errors on the part of the RTC in rendering its judgment of conviction: I THE COURT A QUO GRAVELY ERRED IN CONVICTING BOTH ACCUSED OF THE CRIME CHARGED DESPITE FAILURE OF THE PROSECUTION TO PROVE THEIR GUILT BEYOND REASONABLE DOUBT. II THE COURT A QUO GRAVELY ERRED IN ORDERING BOTH ACCUSED TO PAY P234,080.00 AS ACTUAL DAMAGES. [37] Sabangan reiterated his alibi that at around 1:30 in the afternoon of December 27, 1999, he was at Barangay Luhong, Antipas, Cotabato, and was helping several relatives prepare a makeshift structure to be used for the wedding ceremony of another relative, Ricky Castillo (Castillo), on December 29, 1999. Therefore, it was physically impossible for him, on the same date and time, to be in Kidapawan City when Felonia was killed, considering that Kidapawan City was approximately 40 kilometers away from Barangay Luhong, Antipas, Cotabato. Bornasal argued that no evidence whatsoever was presented to prove his actual participation in the killing of Felonia. Aside from the testimony of prosecution witness Cordero, who saw Bornasal running behind Sabangan away from the crime scene, no other circumstantial evidence was presented to establish with moral certainty the alleged conspiracy between Sabangan and Bornasal to kill Felonia. In the alternative, Sabangan and Bornasal asserted that the award of actual damages in the total sum of P234,080.00 was excessive. Only the following claims were sufficiently proven during trial: P68,000.00 for Felonias coffin, embalming, and other funeral services; P27,714.00 for the food for guests during Felonias wake; and P10,650.00 for the construction of Felonias tomb. The People, represented by the Office of the Solicitor General, in its Brief, [38] insisted that the prosecution had proven beyond reasonable doubt the guilt of Sabangan and Bornasal for the murder of Felonia. Prosecution witnesses Allado and Navales, who were present at the time and place of Felonias shooting, positively identified Sabangan as the shooter. Prosecution witness Cordero was able to establish the existence of conspiracy when he testified