G.R. No. 141800 - PEOPLE OF THE PHILIPPINES, VS. ELENO PARACALE Y PARDILLA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , in the light of the foregoing considerations, the Court FINDS the accused, ELENO PARACALE Y PARDILLA, GUILTY beyond reasonable doubt of the crime of MURDER qualified by treachery and hereby SENTENCES him to suffer the penalty of [r]eclusion [p]erpetua and all the accessory penalties provided for by law, to further pay the [h]eirs of the late Manolo Pasquin the amount of P50,000.00 by way of civil indemnity and P4,000.00 as attorneys fees. Consequently, the standing bail bond for the provisional liberty of the accused is ordered cancelled pursuant to Supreme Court Administrative Circular No. 2-92 dated January 20, 1992. Let the corresponding mittimus or commitment order issue immediately after the promulgation of judgment. [2] Appellant was charged in an Information [3] dated September 9, 1992, worded thus: That on or about the 12 th day of January, 1992 in the Municipality of Pototan, Province of Iloilo, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, conspiring and confederating with three (3) others whose identities are presently unknown, with deliberate intent and without any justifiable motive, armed with firearms of unknown caliber, with treachery, evident premeditation and superior strength, did then and there wilfully, unlawfully and feloniously shoot and hit MANOLO PASQUIN with said firearms they were then provided, inflicting upon said Manolo Pasquin gunshot wounds on different parts of his body which caused his death thereafter. [4] Duly assisted by his counsel, [5] appellant pleaded not guilty to the charge during his arraignment on March 2, 1993. [6] Trial on the merits proceeded in due course. Thereafter, the RTC rendered the assailed Decision. The Facts Version of the Prosecution In its Brief, [7] the Office of the Solicitor General (OSG) presents the prosecutions version of the facts as follows: Around eight oclock in the evening of January 12, 1992, Ninfa Pasquin was at her house situated in Sitio Inadlayan, Barangay Macatol, Pototan, Iloilo. She was busy preparing her lesson plan when she was alarmed by the barking of dogs. She looked outside the window and aided by the moonlight and her heavy-duty flashlight, she saw appellant with three (3) companions walking outside her fence. She noticed that appellant was carrying a shotgun while his companions were carrying firearms tucked at their waist. She thought that they were merely conducting their nightly rounds since appellant was then a barangay tanod . After observing the appellant and his companions, she returned to her table to continue her work. She, however, started feeling uneasy because her husband had not yet come home. About eleven oclock of the same evening, Ninfa again looked outside the window and saw several persons hiding behind some tall grasses near their fence. She thought that one of them was her husband. She then went to the kitchen to wash her face. While washing her face, she heard an explosion