G.R. No. 123073 - PEOPLE OF THE PHILIPPINES, VS. BENJAMIN CAYABYAB Y BAGAYAN ALIAS BENJIE CAYABYAB, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds accused Benjamin Cayabyab y Bagayan alias Benjie Cayabyab guilty beyond reasonable doubt as principal of the crime of Murder defined and penalized under Article 248 of the Revised Penal Code, as amended by Republic Act No. 7659, An Act To Impose Death Penalty On Certain Heinous Crimes, and in view of the presence of the aggravating circumstance of nighttime which is not offset by any mitigating circumstances, the accused is hereby sentenced to suffer the Penalty of Death and to pay an indemnity to the heirs of the deceased Rommel Torio the amount of P50,000.00, plus costs. Accused is ordered to pay the amount of P50,000.00 representing funeral expenses, P30,000.00 for the interment, P4,300.00 as interment fee, P10,000.00 for the lot plus P100,000.00 representing moral damages to the heirs of the deceased. [5] The Facts Version of the Prosecution Evidence [6] for the prosecution tends to establish that in the evening of February 7, 1994, Victim Rommel Torio, Rosendo Bautista, Jr., Joselito Bautista, Marlon Santiago, Alvin Santiago and Carlito Biay had a drinking spree at the basketball court in front of the house of Rosendo Bautista located at Bonuan Gueset, Dagupan City. Richard Rabina was also with the group but did not join in drinking liquor. About 10:00 oclock that evening, Accused Benjamin Cayabyab together with Robert Vidal passed by the group. Rommel Torio stood up and shook hands with Cayabyab. They talked for a while, then there seemed to be a disagreement between them, following which both stared sharply at each other. Cayabyab then left after uttering that he would return. Apprehensive of the parting words of Cayabyab, the group dispersed. Prior thereto, they had arranged the plates and glasses they had used for drinking and returned them inside the house of Rosendo Bautista. Richard Rabina proceeded to his house which was just at the back of Rosendos (about two meters away). Rabina, however, went out of his house again through its back door where he noticed Rommel Torio urinating beside the fishpond about eight (8) meters away. Then he saw Accused Cayabyab approach Torio and stab him on his left chest. Immediately thereafter, Cayabyab ran away. The premises at that time were illumined by light coming from the houses which were just about three (3) to five (5) meters from where the victim was stabbed. Rabina and Alvin Santiago, who was at that same time waiting for Torio at the basketball court and who likewise witnessed the stabbing, immediately approached the victim and rushed him to the Pangasinan Medical Center. Torio was, however, pronounced dead on arrival. The cause of death, according to the findings of Asst. City Health Officer Tomas G. Cornel, was Cardio Respiratory Arrest, Massive Intrathoracic Hemorrhage due to the stab wound found along the midclavicular line, level of the 5th intercostal space, left, 1 x ½, penetrating. [7] The health officer further noted in his report that part of th