G.R. No. 143071 - PEOPLE OF THE PHILIPPINES, VS. SPO2 JOSE MAGNABE JR..

Ruling

WHEREFORE, finding the accused guilty beyond reasonable doubt of the crime charged in the Information, the Court hereby sentences the accused: a] to suffer the penalty of Reclusion Perpetua; b] to pay the heirs of Sgt. Cajucom the amount of P50,000.00 as actual damages; P50,000.00 as moral damages; P75,000.00 as indemnity for his death; P50,000.00 as exemplary damages; and P863,452.80 for the loss of his earning capacity plus interest from the date of his death at the rate of six (6%) percent per annum; and c] to pay the costs. [2] In an Information dated October 2, 1995, Assistant City Prosecutor Restituto A. Sevilla charged appellant in these words: That on or about the 17th day of September 1995, in Quezon City, Philippines, the above-named accused, conspiring together, confederating with other persons whose true names, identities and whereabouts have not as yet been ascertained and mutually helping one another, with intent to kill and by means of treachery, evident premeditation and taking advantage of superior strength, did then and there, wilfully, unlawfully and feloniously attack, assault and employ personal violence upon the person of SPO2 PERFECTO CAJUCOM Y CUYA, by then and there, shooting him with a gun several times, hitting him on different parts of his body, thereby inflicting upon him serious and mortal wounds which were the direct and immediate cause of his death, to the damage and prejudice of the heirs of the late SPO2 PERFECTO CAJUCOM Y CUYA. [3] Upon his arraignment on March 20, 1996, [4] appellant, assisted by his counsel, [5] pleaded not guilty. After trial in due course, the court a quo rendered the assailed Decision. The Facts Version of the Prosecution In its Brief, [6] the Office of the Solicitor General (OSG) presents the prosecutions version of the facts as follows: About 10:30 p.m. of September 17, 1995, Emilio Andan, a Barangay Kagawad, together with a certain Delmo, Popoy Ortega and Jose Manabo, another Kagawad, went to Tylers Videoke Bar located at the corner of E. Rodriguez Blvd. and Lopez Jaena St., Quezon City. They each ordered a bottle of beer. About five (5) minutes later, a certain Noel, a friend of Kagawad Manabo, joined the group. About twenty (20) minutes later, a group of five (5) youngsters, including Jomel Magnabe, son of appellant, arrived. Almost an hour later, the group of the youngsters started making trouble inside Tylers. They kicked, punched and hit with bottles of beer the group of Kagawad Andan. Kagawad Andan, not knowing that his side was hit with a dart by a member of Jomel Magnabes group rushed out of the bar. Outside, he chanced upon SPO2 Perfecto Cajucom and asked for help. SPO2 Cajucom was then with Ma. Cristina Crisanta Manabo, his teammate in bowling. The two had just finished taking a snack at the Goodies Carinderia along Sto. Tomas Street. They were on their way to visit Ms. Manabos friend. As soon as Kagawad Andan informed SPO2 Cajucom of the commotion, the former poi