G.R. No. 177827 - PEOPLE OF THE PHILIPPINES, VS. ANSELMO BERONDO, JR. Y PATERES, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, executed their respective sworn statements. Thereafter, an Information for robbery with murder was filed against accused-appellant, Tubigon, and Sudario. The Information reads: That on or about the 13 th day of February 1999, in the evening, at Purok 2, barangay West Dalurong, [Kitaotao], [Bukidnon], Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping one another, with intent to gain, did then and there willfully, unlawfully and criminally take, rob and carry away cash amounting to SIX THOUSAND FIVE HUNDRED PESOS [PhP 6,500], belonging to GENARO LAGUNA, to his damage and prejudice in the aforementioned amount; That on the occasion of the said Robbery, the above name accused, acting on the same conspiracy, and to enable them to consummate their desire, with intent to kill by means of force and taking advantage of superior strength, armed with a firearm with an unknown caliber, did then and there willfully, unlawfully, and criminally attack, assault and shoot GENARO LAGUNA, inflicting upon his person multiple stab and gunshot wounds, which caused the instantaneous death of GENARO LAGUNA to the damage and prejudice of the legal heirs of GENARO LAGUNA in such amount as may be allowed by law. Contrary to and in Violation of Article 294 in relation to Article 14 of the Revised Penal Code as amended by R.A. 7659. [5] Trial proceeded only against accused-appellant because the two other accused remained at-large. In his defense, accused-appellant denied any involvement in the killing of Laguna. He claimed that in the evening of February 13, 1999, he was with his wife and daughter watching the activities during the Araw ng New Danao (New Danao Day) at the Poblacion, New Danao, Sinaysayan. When the activities ended at about two o'clock in the morning of the next day, they went home together. Hours later, Geno Laguna, the victim's cousin, told him about the incident and together they proceeded to the place where the victim's body was found. Further, he alleged that prosecution witness Nietes was his daughter's former sweetheart. Their relationship became unfriendly after Nietes acted rudely against accused-appellant's daughter. [6] On September 23, 2003, the RTC rendered a Decision, the dispositive part of which reads: WHEREFORE, the accused ANSELMO BERONDO JR. y PATERES is found GUILTY beyond reasonable doubt as principal in the crime of MURDER under Article 248 of the Revised Penal Code and is sentenced to the penalty of RECLUSION PERPETUA. The accused is further ordered to pay the heirs of the deceased Genaro Laguna the amount of FIFTY THOUSAND PESOS (PhP50,000.00) as actual damages and civil indemnity in the sum of FIFTY THOUSAND PESOS (PhP50,000.00). SO ORDERED.