G.R. No. 130597 - PEOPLE OF THE PHILIPPINES, VS. ELMER BOLIVAR Y MOYCO, JAIME MALINAO Y GABUNA, ROLANDO MALINAO Y LLENAS, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, this Court finds the accused (1) ELMER BOLIVAR Y MOYCO alias "TOTO", (2) ROLANDO MALINAO Y LLENAS alias "LANDO" and (3) JAIME MALINAO Y GABUNA guilty beyond reasonable doubt of the crime of MURDER and each is sentenced to suffer the penalty of reclusion perpetua , with all its accessory penalties, except co-accused JAIME MALINAO Y GABUNA who is sentenced to an indeterminate penalty of prision mayor , as minimum, to fifteen (15) years of reclusion temporal, as maximum, with all its accessory penalties, to pay solidarily (a) the heirs of the deceased Rudy de Juan the civil indemnity of P50,000.00, (b) the widow, Marilou de Juan, the total sum of P3,500.00 as actual damages, without subsidiary imprisonment in case of insolvency, and (c) the costs. Co-accused JAIME MALINAO Y GABUNA may apply for bail pursuant to Section 5, Rule 114 of the Revised Rules of Criminal Procedure, as amended. All the accused are entitled to credit the period of preventive imprisonment they have undergone pursuant to Article 29 of the Revised Penal Code. The Information [2] against accused-appellants in Criminal Case No. OD-862 was filed on 19 September 1995. It alleges: That on or about the 13th day of March, 1995, at around 1:00 o'clock in the morning, in sitio Kawit, barangay Camandag, municipality of Looc, province of Romblon, Philippines, and within the jurisdiction of this Honorable Court, the said accused, conspiring, confederating and mutually helping each other, with intent to kill, did then and there by means of treachery, abuse of superior strength and with evident premeditation, wilfully, unlawfully and feloniously attack, assault and hack with a bolo and shot with an armalite rifle, one RUDY DE JUAN, inflicting upon the latter multiple mortal wounds in different parts of his body which caused his direct and immediate death. Accused-appellants were arrested by virtue of warrants for their arrest issued by the trial court. On 13 October 1995 accused-appellants filed a motion for bail, [3] which was opposed by the prosecution. [4] On 6 November 1995 accused-appellants filed a motion to quash and to lift warrant of arrest, [5] which the prosecution opposed [6] and the trial court denied. [7] At the arraignment and pre-trial on 5 December 1996, accused-appellant each entered a plea of not guilty and the pre-trial was declared terminated because of the refusal of the parties to enter into the same. [8] Trial on the merits was thereafter had on various dates. The witnesses presented by the prosecution were Marilou de Juan, widow of the victim Rudy de Juan; Herminia Nazareno; SPO4 Rogelio Rutor; Dr. Leticia Formilleza; and Johnny Mariano. Herminia testified that the victim, Rudy de Juan (hereafter Rudy), was killed on 13 March 1995 at around 1:00 a.m. after he attended a dance party at the dance hall of Sitio Kawit, Barangay Camandag, Looc, Romblon. Earlier at the dance hall, a certain Boyet de Juan, Rudy's first cousin, quarreled with Rolando, Jr. Herminia