G.R. No. 127754 - PEOPLE OF THE PHILIPPINES, VS. ANTONIO DESOY AND CARLITO CUATON @ YOYOK, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the court a quo sentenced him to suffer the indeterminate penalty of imprisonment ranging from 12 years to 20 years, and to pay the heirs of the victim P50,000.00 as indemnity. [4] On March 15, 1996, the prosecution rested its case with the testimonies of Hernando Balasabas, Dr. Rosalyn Adan Go and SPO3 Ferdinand Curambao, and the admission of Exhibits (A, A-1, A-2, & A-3) which were identified in the course of said testimonies. The defense, in turn, started presenting its evidence on May 10, 1996, and rested its case on October 11, 1996 with the testimonies of accused Antonio Desoy and Carlito Cuaton only. No documentary evidence was presented. [5] Thereafter, on November 8, 1996, the court a quo, thru Judge Wilfredo G. Ochotorena, rendered a decision, the dispositive portion of which reads as follows: WHEREFORE, the Court finds accused Antonio Desoy and Carlito Cuaton guilty beyond reasonable doubt of the crime of MURDER, penalized under the provisions of Article 248 of the Revised Penal Code, as amended by Section 6 of Republic Act No. 7659, qualified by taking advantage of superior strength, and there being other modifying circumstances of nighttime and armed men which attended the commission of the crime, and so, hereby imposes upon accused Antonio Desoy and Carlito Cuaton each the extreme penalty of DEATH and, to indemnify jointly and severally the heirs of the victim P50,000.00. [6] The prosecution's version of the facts was related by prosecution witness Hernando Balasabas who testified as follows: that he is 34 years old, married, a laborer, and a resident of Gil Sanchez, Labason, Zamboanga del Norte; that he had known Sagrado Salvador Balucan (hereinafter referred to as "Salvador Balucan") since childhood; that at about 11 o'clock in the evening of April 30, 1994, he and Salvador Balucan were strolling along the town plaza of Labason; that they sat on the slide from where they noticed three persons, namely, Carlito Cuaton, Antonio Desoy and Elmer Desoy drinking kulafu and tuba on the swing nearby; that he (Balasabas) was able to recognize the three above-named persons because of their proximity to himself and Salvador Balucan and because the plaza was then well-lighted; that the three men invited them to drink, but that he and Salvador Balucan refused because they did not drink kulafu and tuba ; that shortly thereafter, he and Salvador Balucan started to walk home; that at this point, they were chased by the three men; that he (Balasabas) was chased by Elmer Desoy and Carlito Cuaton who were armed with an empty bottle and a piece of wood, respectively; that his friend Salvador Balucan was chased by Antonio Desoy who was armed with a bolo; that at some point they all converged; that Elmer Desoy got the bolo from Antonio Desoy and hacked Salvador Balucan once on the head causing him to fall down; that thereafter, the three assailants ran away; that he himself ran away to inform the victim's relatives of what had happened; and