G.R. No. 135048 - PEOPLE OF THE PHILIPPINES, VS. LOMER MANDAO AND JOHN DOE, ACCUSED, LOMER MANDAO.

Ruling

WHEREFORE, finding the accused Lomer Mandao guilty beyond reasonable doubt of the crime of Murder punished under Article 248 of the Revised Penal Code, judgment is rendered sentencing him to a penalty of two reclusion perpetua for killing Severino Bodiongan and Francisco Villam[i]no; and further ordering him to pay P50,000.00 each for the lives of the two victims; and to pay the costs. The accused shall be credited in the service of his sentence full time of his preventive imprisonment. [2] Appellant was accused of killing Francisco Villamino and Severino Bodiongan in an Information dated August 5, 1995, which was worded thus: That on or about the 6th day of January, 1986, at about 4:00 oclock in the afternoon, in [B]arangay Colambutan Settlement, [M]unicipality of Tudela, [P]rovince of Misamis Occidental, Philippines, and within the jurisdiction of this Honorable Court, conspiring, confederating and mutually helping one another, with intent to kill, with evident premeditation, armed with a pistol, did then and there willfully, unlawfully, feloniously and treacherously attack, assault and shot FRANCISCO VILLAMINO, hitting him on his abdomen, which caused his death in the hospital the next day, and also shot SEVERINO BODIONGAN pumping bullets into his body, hitting him on his head and on the different parts of his body, which caused his instantaneous death. [3] Appellant, with the assistance of his counsel de oficio, [4] pleaded not guilty to the charges during his arraignment on March 7, 1996. [5] The Facts Version of the Prosecution The Office of the Solicitor General (OSG) presents the prosecutions version of the factual antecedents of the case as follows: On two benches, one facing the other, were seated Lolito Bodiongan, Francisco Villamino, Severino Bodiongan and Roque Maquiling. This was at the frontyard of the house of Severino Bodiongan, about 4:00 in the afternoon of January 6, 1986. They were conversing when they saw appellant buying cigarettes at a nearby store. Appellant left the store without any significant event happening and went to the place where Jorgia Bodiongan, the wife of Severino Bodiongan, was gathering jackfruits. Moments later, appellant returned to where the four were seated. He was with an unidentified companion. Just as he and his companion arrived, the latter suddenly pulled a gun tucked under his shirt and began shooting Severino Bodiongan and Francisco Villamino. While this was happening, appellant was holding a hand grenade and watching the carnage. He threatened anyone who showed willingness to help the victims, motioning agitatingly to hurl the hand grenade he was holding. Severino Bodiongan was first hit at the back. He tried running away and taking cover. Francisco Villamino was shot at the stomach. He fell to the ground motionless. The unidentified companion of appellant ran after Severino Bodiongan. He caught up with Severino Bodionagan at the side of the latters house. He finished the victim off,