G.R. No. 118777 - PEOPLE OF THE PHILIPPINES, VS. RODRIGO MANGAHAS, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, herein accused is found guilty beyond reasonable doubt of the crime of murder punishable under Article 248 of the Revised Penal Code and is hereby sentenced to suffer the penalty of RECLUSION PERPETUA with the accessory penalties provided by law; to indemnify the heirs of the victim the sum of FIFTY THOUSAND PESOS (P50,000.00) as death indemnity; to pay the heirs of the victim the sum of FOURTEEN THOUSAND FIVE HUNDRED NINETY PESOS (p14,590.00) for funeral and burial expenses and TWENTY EIGHT THOUSAND EIGHT HUNDRED NINETY PESOS (P28, 890.00) for food during the vigil, the 9th day, 40th day and the 1st year anniversaries of the death of the victim; and to pay the costs." The Information [2] dated November 26, 1990 charging Rodrigo Mangahas with the crime of murder reads as follows: "That on or about the 14th day of August 1990, in the municipality of San Jose del Monte, province of Bulacan, Philippines and within the jurisdiction of this Honorable Court, the said accused Rodrigo Mangahas alias Mang Rudy, armed with a gun and with intent to kill one Rufino Gestala, with evident premeditation, treachery and abuse of superior strength, did then and there wilfully, unlawfully and feloniously attack, assault and shoot with the said gun the said Rufino Gestala, hitting the latter on the different parts of his body, thereby causing him serious physical injuries which directly caused his death. Contrary to law." Upon arraignment, accused, duly assisted by counsel, entered a plea of not guilty. In support of its case, the prosecution presented two alleged witnesses to the shooting incident, as well as the doctor who performed the autopsy on the victim. The aunt of the deceased was likewise called to testify on the civil aspect of the case. First to testify was Police Captain Florante Baltazar, the medico-legal officer at the PC-INP, Quezon City, who conducted the examination of the cadaver of the deceased on August 14, 1990. He testified that according to the results of his post-mortem examination, the victim died from cardio-respiratory arrest due to shock and hemorrhage secondary to gunshot wounds. [3] His findings showed that the deceased sustained 3 (three) gunshot wounds, two of which were fatal as they penetrated the thoracic cavity. [4] He estimated the distance between the assailant and the victim at more than 24 inches as he did not find any powder burns on the body of the deceased. [5] The prosecution next presented Diosdado Padios, an alleged witness to the shooting incident. He testified that he had known the victim and the accused-appellant prior to the August 14, 1990 incident. On the said date, he saw the accused and the late Rufino Gestala drinking at a store near the latter's house in Tungkong Mangga, San Jose del Monte, Bulacan. [6] He was at the store at that particular time as he was just called by the victim to discuss some matter. While the two were drinking, he saw accused-appellant suddenly shoot Rufin