G.R. No. 128181 - THE PEOPLE OF THE PHILIPPINES, VS. BONIFACIO RADA AND ADRIANO SACDALAN, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in the light of all the foregoing considerations, this Court finds accused Bonifacio Rada and Adriano Sacdalan guilty beyond reasonable doubt of the crime of MURDER qualified by treachery defined and penalized under Article 248 (par. 1) of the Revised Penal Code and hereby sentences said two accused to suffer the penalty of THREE(3) counts each of RECLUSION PERPETUA together with all of its accessories prescribed by law and to pay the heirs of the victim Simeon Castillo jointly and severally with the sum of FIFTY THOUSAND PESOS (P50,000.00); the heirs of the victims Isidro Castillo and Leonora Castillo jointly and severally the sum of ONE HUNDRED THOUSAND PESOS (P100,000.00) as civil indemnities without subsidiary imprisonment in case on insolvency plus costs of the suit. The accused Bonifacio Rada and Adriano Sacdalan are to be credited of their preventive imprisonment if any and proper under Article 29 of the Revised Penal Code as amended by Republic Act No. 6127. (p. 61, Rollo.) The prosecution presented the following witnesses: Dr. Winefredo Lucido, Municipal Health Officer of Calauag, Quezon, testified that he conducted a post mortem examination on the cadavers of Isidro Castillo and Simeon Castillo at about 9:30 o'clock in the morning of September 19, 1989. His post mortem examination of Isidro Castillo revealed the following fatal injuries sustained by the victim: Gunshot wound No. 1 with contusion collar at the hypogastric region 2 cms. below the umbilicus, directed posteriously, penetrating the abdominal cavity with point of exit 3 cms. diameter at the left lumbar region. The witness declared that said injuries resulted in massive hemorrhage which caused the victim's death (tsn, Nov. 5, 1990, pp. 6-13). On the other hand, Dr. Lucido's autopsy of the cadaver of Simeon Castillo showed that the victim sustained five gunshot wounds: Gunshot wound No. 1 with point of entrance of 1 cm. Diameter with contusion collar, at the right temporal region, directed medially, penetrating the cranial cavity, without point of exit. Gunshot wound No. 2 with point of entrance of 1 cm. Diameter with contusion collar at the right intrascapular region directed anteriorly, penetrating the thoracic cavity without point of exit. Gunshot wound No. 3 with point of entrance of 1 cm. Diameter with contusion collar at the right thigh, distal portion, lateral aspect, directed medially with point of exit of 6 cms. At the medial aspect, distal portion of the right thigh. Gunshot wound No. 4 with point of entrance of 1 cm. Diameter with contusion collar, at the right axillary region, directed medially, penetrating the thoracic cavity without point of exit. Gunshot wound No. 5, with point of entrance of 1 cm. Diameter, with contusion collar, at the right anterior chest level of the 3rd ICS, para-axillary line, directed medially, penetrating the thoracic cavity, without point of exit. Dr. Lucido asserted that Simeon Castillo's cause of death was skull fracture and