G.R. No. 112369 - PEOPLE OF THE PHILIPPINES, VS. JACINTO APONGAN ALIAS VER, ACCUSED-.

Ruling

WHEREFORE, the court finds accused Ronald Revadona and Jacinto Apongan guilty beyond reasonable doubt of the crime of murder defined and penalized under Article 248 of the Revised Penal Code and the court hereby sentences said Ronald Revadona and Jacinto Apongan to suffer the penalty of reclusion perpetua. Ronald Revadona and Roberto Apongan are further sentenced to jointly and severally indemnify the heirs of Mrs. Victoria Samulde the amount of P50,000.00 and to pay proportionate costs. The court hereby acquits Roberto Apongan and Teodorico Paraiso for insufficiency of evidence. Roberto Apongan and Teodorico Paraiso are ordered released from detention unless they are otherwise held for another legal cause. [5] The Facts After evaluating the testimonial and documentary evidence for both prosecution and defense, the trial court made the following findings of facts: The evidence on record has clearly established that at about eight-thirty oclock in the evening of June 8, 1986 at Barangay Lagumbingan, Midsayap, Cotabato, Mrs. Victoria Samulde and her son Celestino Samulde, Jr. were walking along the barangay road between their house and the house of another son of Mrs. Samulde. They came from the house of the other son. Along the road to the left going to the house of Mrs. Samulde from the house of the son she visited that evening were banana plants, bamboo grooves [sic] and a porok (small hut). The porok is about fifteen meters to Mrs. Samuldes house. To the right or opposite side of the road are ipil-ipil trees and the house of Ronquillo. Ronquillo has a broiler poultry which is raised under a camarin. An electric bulb is maintained in the poultry to keep the broilers warm. This electric bulb from the Ronquillos poultry reflects its illumination up to the road. It is a little dark along the side of the ipil-ipil trees because of the shadow they cast. The ipil-ipil trees are as tall as Celestino, Jr. While Mrs. Samulde and her son were walking near the ipil-ipil trees, Celestino, Jr., saw Jacinto Apongan and Ronald Revadona walking also along the road coming towards them. Celestino, Jr. first saw Jacinto and Ronald walking towards them at a distance of about ten meters. He recognized Jacinto and Ronald because of the reflection of the electric bulb coming from the Ronquillo poultry. He has known Jacinto and Ronald because they also lived in the same barrio of Lagumbingan and they are neighbors. He has known Ronald since childhood. He used to play basketball with Ronald. He readily identified Ronald and Jacinto in court. Celestino, Jr. was walking about two steps ahead of his mother. Celestino, Jr. and his mother continued walking until they met Jacinto and Ronald. Without any warning or word, Ronald tried to grab the head of Celestino, Jr. Celestino, Jr. ducked to avoid being caught at the same time ran. While running about five meters he looked back and saw Jacinto and Ronald stabbing his mother, Mrs. Samulde. Celestino, Jr. stopped runni