G.R. No. 148912 - PEOPLE OF THE PHILIPPINES, VS. TIMOTEO ESCARLOS, ALIAS "TOMY,".DECISION - Supreme Court E-Library

Ruling

WHEREFORE, JUDGMENT is hereby rendered CONVICTING beyond reasonable doubt accused Timoteo Escarlos of the crime of Murder and the Court sentences him to suffer the penalty of DEATH; he is likewise ordered to indemnify the heirs of Antonio Balisacan the sum of P28,650.00 as actual damages, the sum of P50,000.00 as moral damages and the further sum of P50,000.00 as exemplary damages. "The Clerk of Court is hereby ordered to prepare the mittimus. "The Jail Warden, Bureau of Jail Management and Penology (BJMP) Urdaneta District Jail, Urdaneta City, is hereby ordered to deliver the living body of Timoteo Escarlos to the National Bilibid Prisons, Muntinlupa City, immediately upon receipt of this Decision." [2] The Information [3] dated August 29, 2000, charged appellant as follows: "That on or about July 1, 2000, in the evening, at Barangay Dumanpot, Asingan, Pangasinan and within the jurisdiction of this Honorable Court, the above-named accused, armed with a sharp pointed bladed weapon, with deliberate intent to kill, treachery and evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault, hold and stab from behind Brgy. Kgd. Antonio Balisacan, inflicting upon him the following injuries: External Findings: Stab wound located below right clavicle measuring 3 inches length and 8 inches depth. Stab wound located at left armpit measuring 4 [inches] length and 6 inches depth. Stab wound located at mid lumbar area measuring 3 inches length and 4 inches depth Stab wound located between right first and second finger measuring 3 inches length. Internal Findings: Cutting of the upper and lower lobe of the right lung. Cutting of the lower lobe of the left lung. which injuries directly caused the death of said Brgy. Kgd. Antonio Balisacan, to the damage and prejudice of his heirs. "Contrary to Art. 248, Revised Penal Code in relation to Republic Act No. 7659." [4] During his arraignment on November 8, 2000, appellant, with the assistance of his counsel, [5] pleaded not guilty to the charge. [6] After trial in due course, he was found guilty by the lower court. The Facts Version of the Prosecution The Office of the Solicitor General (OSG) narrates the factual version of the prosecution as follows: "Around 9 o'clock in the evening of July 1, 2000, Antonio Balisacan went to the residence of Jaime Ulep in Domampot, Asingan, Pangasinan to attend a benefit dance which was near the place. In the benefit dance was his son Crisanto Balisacan, who attended the dance with his friends. Crisanto stood beside the emcee, Ceasario Escarlos, appellant's brother. While Ceasario was calling the victim, Antonio Balisacan, to come to the the stage as he was a kagawad , Crisanto heard the people at his back shout `Ay!'. Five (5) to six (6) meters at his back, with the place [illuminated] by a 50 to 100 watts bulb, he saw appellant stab his father, Antonio, several times. Crisanto was momentarily shocked that he was not able to react. When appellan