G.R. Nos. 146235-36 - THE PEOPLE OF THE PHILIPPINES, VS. MELCHOR RAFAEL Y LEGASPI, MARIO RAFAEL Y LEGASPI, AND MAXIMO RAFAEL Y MACASIEB, ACCUSED. MELCHOR RAFAEL Y LEGASPI AND MARIO RAFAEL Y LEGASPI, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

accordingly sentenced him to two (2) years, eleven (11) months, and eleven (11) days of prision correccional , as minimum, to eight (8) years, eight (8) months, and one (1) day of prision mayor , as maximum, for frustrated murder, and to eight (8) years, eight (8) months, and one (1) day of prision mayor , as minimum, to fifteen (15) years, six (6) months, and twenty (20) days of reclusion temporal , as maximum, for murder. [4] In 1996, accused-appellants Melchor and Mario Rafael were finally arrested. [5] On November 10, 1997, both were arraigned, each one entering a plea of not guilty. [6] Trial on the merits then ensued. The prosecution presented the following witnesses: Rogelio Rafael, who is the husband of Gloria and the son of Alejandra Rafael, the victim Alejandra Rafael herself; Leonilo Hamoy, a neighbor of Rogelio Rafael; and Dr. Florante F. Baltazar, chief of the Philippine National Police (PNP) National Capital Region Crime Laboratory. The gist of their testimonies is as follows: At around 8 oclock in the evening of August 28, 1994, Alejandra Rafael and her daughter-in-law Gloria were in the kitchen on the ground floor of their residence on Rosal Street, Pingkian, Barangay Pasong Tamo, Quezon City. Alejandra Rafael was setting the table, while Gloria was cooking their dinner. As Alejandra heard a commotion outside, she opened the kitchen door to find out what it was about. Alejandra saw accused-appellant Melchor Rafael standing outside with his brother, accused-appellant Mario Rafael, and his father Maximo Rafael, who was slightly behind the latter. Alejandra knew the three very well since Maximo is the brother of her husband. Without any warning, Melchor attacked Alejandra with a bolo, severing her left hand. He then turned to Gloria and struck her on the head with the bolo. Wounded, Gloria tried to run away, but she was pursued outside by Mario. Melchor for his part continued to attack Alejandra and stopped only because he thought she was already dead. Melchor then followed his brother outside. Before losing consciousness, Alejandra heard Maximo Rafael telling his two sons to kill the victims. [7] Alejandra was rushed to the East Avenue Medical Center. A medical certificate (Exh. A) [8] issued to her on August 13, 1998 described her injuries as follows: - TRAUMATIC AMPUTATION, (L) WRIST. - HACKING WOUNDS, (R) HAND; OPEN COMPLETE FRACTURE DISTAL PART 3RD PORTION 4TH PHALANX, PROXIMAL PART 2ND PORTION 3RD PHALANX, (R) HAND. Surgical Procedure: - EMERGENCY DEBRIDEMENT, PINNING 3RD AND 4TH PHALANGES, TENORRHAPHY 3RD FLEXOR DIGITORUM. - (8/29/94) Rogelio Rafael, Glorias husband, testified that in the evening of August 28, 1994, he was asleep in his bedroom on the second floor of their house when he was awakened by noise outside. When he looked through the window, he saw his wife being pursued outside their house by accused-appellants Mario and Melchor Rafael, both of whom were armed with bolos. Accused-appellants caught up with Gloria