G.R. No. 134129 - THE PEOPLE OF THE PHILIPPINES, VS. RAMON SALIPDAN AND RAFAEL MAGLENTE, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, all the foregoing considered, judgment is hereby rendered finding accused Ramon Salipdan and Rafael Maglente guilty beyond reasonable doubt of the crime of murder as charged in the Information and hereby sentences each of them to the penalty of reclusion perpetua, to jointly and severally indemnify the heirs of the victim Antonio Abergas, the amount of P50,000.00, without subsidiary imprisonment however, in case of insolvency and to pay their proportionate share of the costs." [3] The two convicted accused filed their separate appeals before this Court, both assailing the factual evaluation made by the trial court of the evidence presented to it. In maintaining his claim of self-defense, accused-appellant Salipdan would insist that it was the victim who unlawfully tried to kill him, and that the hack wound he inflicted on the latter was made to protect himself. He allegedly was cutting hagonoy and other bushes when the victim first made a surprise appearance, pointed a gun at his forehead, and said - "I will kill you, Gaw." [4] With both arms raised in surrender, accused-appellant knelt down, and inquired what his fault was. Abergas did not answer, repeating instead his warning - "I will kill you ' Gaw ,'" and forthwith fired the gun. Salipdan warded the firearm, and the two men fell to the ground, grappling for its possession. At one point, Salipdan overpowered the deceased, pushed him aside and unsheathed his bolo. With one swift move, the bolo hit its mark at the victim's neck. The hold of the now wounded victim over his gun loosened. Salipdan then proceeded to pick up the weapon and walked away. "Q What happened next while you were cutting the hagonoy and bushes, Mr. witness? "A While I was cutting the bushes, a person from behind made a sound. "Q Who was the person responsible in making the sound, Mr. witness? "A When I looked back, I saw Antonio Abergas. "Q And what was Antonio Abergas doing, Mr. witness? "A He pointed a gun at me. "Q You said, Mr. witness, that the victim Antonio Abergas pointed a gun at you, can you tell this Honorable Court what . . . are you familiar with guns, Mr. witness? "A I know it was a gun but I am not familiar with guns. "Q Can you tell this Honorable Court, Mr. witness, how the victim Antonio Abergas was holding the gun? "A I can tell. "Q How did the victim Antonio Abergas hold the gun, Mr. witness? "A This way. (witness demonstrating by raising both his hands and somewhat like holding something with his two hands) "Q Seeing that the victim Antonio Abergas was pointing it at you, Mr. witness, what did you do? "A I raised by hands. "Q By the way, Mr. witness, you were saying earlier in your testimony that you were cutting the hagonoy during that time when you turned around, were you still holding the bolo you were using in cutting hagonoy? "A I placed it in the sheath. "Q By the way, Mr. witness, what was the distance between you and Antonio Abergas when you mentioned that Antonio Abergas pointed a gu