G.R. No. 118435 - PEOPLE OF THE PHILIPPINES, VS. MARIO SERZO, JR., ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, on the basis of the foregoing, the Court finds accused GUILTY BEYOND REASONABLE DOUBT of having committed the crime of MURDER and as prescribed under Article 248 of the Revised Penal Code, hereby sentences accused to suffer the penalty of reclusion perpetua and to indemnify the victims wife in the amount of FIFTY THOUSAND PESOS (P50,000.00) as actual damages and TWENTY FIVE THOUSAND PESOS (P25,000.00) as moral damages and costs. The Antecedents Summarizing the testimonies of Adelaida Alcantara (the victims widow), Medico-Legal Officer Dario L. Gajardo and Epifania Andrade, the trial court found the following facts: [4] Alfredo Alcantara Y Casabal never knew that death was just around the corner inevitably meeting his way. That fateful night of August 22, 1990, Alfredo together with his wife Adelaida Alcantara were (sic) staying inside their house comfortably watching television when at around 11:30 in the evening, Susana Serzo, mother of the accused, and one Epifania Bentilacion came knocking at their doorsteps and pleading for help to bring out her grandchildren who were being held inside their house by her son, the accused in this case. Unhesitatingly, the couple heeded their call and went with them at (sic) their house, located just across the private complainants residence. The spouses were able to rescue the grandchildren and to bring them to a safer place. When returning to their house, Alfredo Alcantara who was walking just armslength ahead of his wife, was attacked by accused Mario Serzo from behind. Accused stabbed Alfredo at his back forcing the latter to scamper for his dear life. However, accused was able to overpower him thereby causing his fall in the canal where he was repeatedly stabbed by the accused. Adelaida Alcantara shouted for help but was likewise attacked by the accused as she was only half-meter away from her husband. However, Adelaida fortunately was able to hold the hand of the knifewielder and persistently fought the accused. (p. 05 TSN June 3, 1991) At that moment, the commotion had already caught the attention of the residents within the vicinity who responded to help her thereby causing the accused to flee. The victim Alfredo Alcantara, who remained lying and motionless in the canal, was rushed to the hospital where he was confirmed dead. (p. 06 TSN June 3, 1991) The Medico-legal Officer, Dr. Dario Gajardo, testified in Court that the victim sustained three (3) stab wounds, two at the back and one in his chest, which instantaneously caused the victims death. (p.04 TSN May 13, 1991) In view of appellants allegation that he was denied his right to counsel, a narration of the proceedings before the trial court is now in order. Arraignment was set by the trial court on January 8, 1991, during which appellant appeared without counsel. Consequently, the trial court appointed Atty. Wilfredo Lina-ac as counsel de oficio for the arraignment only. Appellant, however, moved that the arraignment be reset and