G.R. Nos. 141438-40 - PEOPLE OF THE PHILIPPINES, VS. LITO LIMPANGOG AND JERRY LIMPANGOG.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, decision is hereby rendered in Criminal Cases Nos. 4375, 4376 and 4393 finding the accused LITO LIMPANGOG and JERRY LIMPANGOG guilty beyond reasonable doubt of Frustrated Murder in Criminal Case No. 4375; Murder in Criminal Case No. 4376; and Frustrated Murder in Criminal Case No. 4393 defined and penalized under Article 248 in relation to Article 6 of the Revised Penal Code. Appreciating the aggravating circumstance of nighttime with no mitigating circumstance to offset it, this court imposes upon the said Lito Limpangog and Jerry Limpangog the sentence of imprisonment for an indeterminate period of TEN (10) years of prision mayor, as minimum, to SEVENTEEN (17) YEARS of reclusion temporal as maximum in Criminal Case No. 4375; RECLUSION PERPETUA in Criminal Case No. 4376; and TEN (10) years of prision mayor, as minimum, to SEVENTEEN (17) YEARS of reclusion temporal, as maximum, in Criminal Case No. 4393, and to indemnify Pedro Casimero and Rene Boy Casimero the sum of TEN THOUSAND PESOS (P10,000.00) each and the heirs of Jose Cabanero the sum of FIFTY THOUSAND PESOS (P50,000.00) and to pay the costs. As both convicted accused are detention prisoners, the period of their detention shall be credited in full if they conform in writing with the rules and regulations of convicted prisoners, otherwise, only four[-]fifths thereof. [2] Three Informations [3] charged appellants as follows: In Criminal Case No. 4375-0 -- That on or about the 19th day of November, 1993, at Highway District, Poblacion, Merida, Province of Leyte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, by conspiring and mutually helping each other with treachery and evident premeditation, did then and there wil[l]fully and feloniously attack, assault, stab and wound one RENY BOY CASIMERO, with the use of sharp pointed weapon, which the accused had provided themselves for the purpose, thereby inflicting upon him the following wounds, to wit: 1) Incised wound 1 cm. (L) posterior axillary line. 2) Incised wound 2 cm. lateral aspect thigh. 3) Incised wound 1.5 cm. (R) mid-clavicular line at the level of T6 T8 penetrating. which would have caused his death, thus performing all the acts of execution which would have produced the crime of Murder, as a consequence, but nevertheless did not produce the same, by reason of causes independent of the will of the accused, that is by the timely and adequate medical assistance rendered to the victim which prevented his death. [4] In Criminal Case No. 4376-0 -- That on or about the 19th day of November, 1993, at Highway District, Poblacion, Merida, Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually helping each other, with treachery and evident premeditation, did then and there wil[l]fully, unlawfully and feloniously attack, assault, stab and wound one JOSE CABAÑERO, with t