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EN BANC

[G.R. Nos. 140006-10. April 20, 2001]


PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLLY
PAGAOR, accused-appellant.
E ! I S I O N
"ELLOSILLO, J.#
ROLLY PAGADOR was charged with two (2) counts of urder for
hac!ing to death the s"ouses #erinigi$do and %agda$ena %ende&'
()*
and with
three (+) counts of frustrated urder for the "h,sica$ in-uries sustained .,
/hir$e, %ende&' Rosa$inda %ende& and Ei$, %ende& 0Castro1
(2*
2he s"ouses #erinigi$do and %agda$ena %ende& were "oor .ut
hardwor!ing "easants of A$ainos' Pangasinan1 2he e$der$, cou"$e had to toi$
$ong and hard in the fie$ds to su""ort their se3en (4) chi$dren1 Ricardo' the
e$dest and on$, son' was an in3a$id5 Ei$, was arried5 and' with the e6ce"tion
of /hir$e, who was on$, ten ()7) ,ears o$d' their other daughters' Nenita'
8ose"hine' %ar$,n' and Rosa$inda' were of arr,ing age a$though sti$$
sing$e1 Aong their chi$dren' Nenita was fated to introduce to the fai$, the
an who was to cause the untie$, death of the cou"$e and .ring unto$d
sufferings to the sur3i3ing e.ers of the fai$,1
Accused Ro$$, Pagador and Nenita %ende& were sweethearts for ore than
two (2) ,ears1 A$though the accused was a ere tric,c$e dri3er Nenita9s fai$,
had no o.-ection to their re$ationshi"5 in fact the, a$$owed hi to dro" ., their
house an,tie and s"end the night with her1 #e was treated $i!e a e.er of
the fai$, such that he wou$d 3isit the %ende& househo$d e3en at ):77
o;c$oc! or 2:77 o9c$oc! in the orning1
On )2 Octo.er )<<=' at around ):77 o9c$oc! in the orning' Nenita and her
sisters Ei$,' 8ose"hine and Rosa$inda were awa!ened ., shouts coing fro
their "arents9 roo1 >t was their other %agda$ena shouting' ?Aray ko! Aray
ko!? 2hin!ing that their other was again ha3ing another .out with her
"erennia$ ai$ent' the, hurried$, rushed to her roo1 Ei$, was first to reach
the roo' fo$$owed ., 8ose"hine' then Nenita' and fina$$,' Rosa$inda1 2he,
were shoc!ed to see accused Ro$$, Pagador sta..ing their other with a .o$o at
the .ac! with two (2) hands ho$ding the .o$o1
2he accused was !nee$ing .ehind their other as he continuous$, sta..ed
her who was a$read, s$u"ed on the f$oor with her $egs outstretched1 2heir ten
()7)0,ear o$d sister /hir$e, was c$utching her wounded stoach whi$e $,ing on
their other9s $a"1 2heir father #erinigi$do was s"raw$ed otion$ess on the
f$oor1 @uite instincti3e$,' the four (A) sisters a""roached their other in an
atte"t to re"u$se the assai$ant .ut the $atter swung his .o$o at the' cutting
Ei$,9s $eft inde6 finger in the "rocess1 Borthwith' Ei$, rushed .ac! to her
roo' "ic!ed u" her s$ee"ing chi$d and -u"ed out of the window1
%eanwhi$e' Nenita cried out' ?Rolly! Rolly!? .ut the accused swung his
.o$o in si$ent rage1 Nenita retreated fro the roo and' $i!e her sister Ei$,'
-u"ed out of the window1 As she reached the ground' Nenita hid .ehind a
taarind tree1 %oents $ater she saw the accused "assing ., sti$$ wie$ding his
.o$o1 Bearing that she wou$d .e disco3ered' she reo3ed her white dress and
craw$ed towards a grou" that was a!ing charcoa$1 As she went near the' she
"ut on her c$othes and "$eaded to the for he$"1 Cnfortunate$,' no one cou$d
e6tend an, assistance to Nenita' uch $ess to an, of the %ende&es' as e3er,one
was too afraid to confront the ra"aging $othario1
According to 8ose"hine' $i!e her sisters' she rushed to her "arents9 roo
when she heard the anguished cries of her other1 2here she saw her father
$,ing otion$ess on the f$oor' whi$e her ,ounger sister /hir$e, was c$utching
her .$eeding stoach1 On .ent !nees the accused re"eated$, sta..ed their
other at the .ac!1 8ose"hine iediate$, recogni&ed Ro$$, Pagador as the
assai$ant .ecause the roo was we$$ $ighted ., a !erosene $a"1 2ogether with
her other sisters' she tried to a""roach the accused .ut the $atter
enacing$, swung his .o$o at the hitting her forefinger1 /he retreated to her
roo and -u"ed out of the window1
Aong the four (A) sisters' Rosa$inda .ore the .runt of Ro$$,9s fur,1 /he
narrated that she was the $ast one to $ea3e her "arents9 roo1 As she esca"ed to
her own roo' Ro$$, went after her and 3io$ent$, "u$$ed her hair causing her to
fa$$ down1 2he accused sat astride on her stoach and furious$, hac!ed and
sta..ed her1 As he directed the .o$o at her face' Rosa$inda he$d the .$ade of the
.o$o and def$ected the thrust to her $eft side1 2he accused ade se3era$ ore
thrusts with the .o$o hitting her on the right ear' $eft .reast' $eft u""er "ortion of
her ar and right thigh1 2o sto" the urderous assau$t' she "$a,ed
dead1 A""arent$, the ruse succeeded .ecause the accused thereafter stood u"
and esca"ed through the window1 Dith .$ood oo&ing "rofuse$, fro her
nuerous wounds Rosa$inda s$ow$, $ost consciousness1
/hir$e, testified that she was awa!ened when she fe$t soeone stri!ing her
on the stoach and other "arts of the .od,1 /he saw the accused swinging a
.$oodied .o$o at her sisters and saw her $ife$ess "arents on the f$oor1 But she
cou$d not ascertain who was res"onsi.$e for her wounds a$though she saw the
accused wie$ding a .o$o1
Dr1 Rafae$ %anaois of the Destern Pangasinan District #os"ita$ testified
that /hir$e, sustained (a) a hac!ing wound $atera$ nec! on $eft5 (.) a hac!ing
wound 4 c1 (L) h,"ochondriac with intestina$ e3isceration' i1e1' in $a,an9s
$anguage' the intestine coing out of the stoach5 (c) a hac!ing wound A c1
"ostero0$atera$ as"ect dista$ +rd ar (L)5 (d) a hac!ing wound E c1 "ostero0
$atera$ as"ect idd$e third forear5 and' (e) a sta. wound A c1' .ac!'
"ro-ecting downward1
>nter"reting the Lega$ Necro"s, E6aination Re"ort "re"ared ., Dr1
Rafae$ @ue.ra$ on the cada3er of #erinigi$do %ende&' Dr1 G$orioso %ara.a
testified that the deceased suffered the fo$$owing wounds: (a) a sei0circu$ar
cho" wound on the head' na"e' $eft' + 6 A1E c1' sha$$ow5 (.) a "enetrating sta.
wound on the inferior "ortion of the sternu5 (c) a .$ood c$ot and unc$otted
e6tracted inside the chest ca3it,5 (d) a wound on the thoracic cage on the
"osterior as"ect5 (e) two (2) "ara$$e$ sta.s cut wound' 3ertica$' on $eft shou$der
anterior as"ect 6 6 6 cutting off the "ectora$is and de$toid usc$es5 and' (f) a
cho" wound on the u""er e6treit, ar1 Cause of death was assi3e intra0
thoracic heorrhage1
A$so' according to Dr1 %ara.a' the deceased %agda$ena %ende&
sustained the fo$$owing in-uries: (a) a sta. wound .e$ow the sca"u$a5 and (.) a
wound on the u""er "ortion of the $u.ar region' .ac!' $eft side' and another
wound -ust .e$ow and s$ight$, $atera$ directed "osterior$,' edia$$, toward the
stoach1 Cause of death was assi3e .$eeding inside the a.doen and the
thoracic ca3it,1
Dr1 Ficente 2ongson' 8r1' %edica$ Officer >>> of the Destern Pangasinan
District #os"ita$' testified that he e6ained and treated Rosa$inda %ende& and
Ei$, %ende&1 #e noted in his edico0$ega$ re"ort that Rosa$inda sustained
a.out fourteen ()A) hac!ed wounds on different "arts of her .od,: (a) right
thigh5 (.) $eft shou$der usc$e5 (c) wound iediate$, .e$ow wound nu.er 25
(d) $eft hand .etween the $eft thu. and the inde6 finger5 (e) right andi.$e on
the right ear5 (f) $eft forear third or $eft wrist5 (g) $eft inde6 finger5 (h) .e$ow
the ni""$e .etween the 4th and Gth ri.s5 (i) .e$ow the ear5 (-) .ase of the nec!5
(!) $eft shou$der5 ($) right shou$der at the .ac!5 () u""er .ac! 5 and' (n) .ac!
of the na"e1
Li!ewise' the edico0$ega$ e6aination ., Dr1 2ongson on Ei$, %ende&
,ie$ded (a) an a"utated inde6 finger' third $eft hand5 and (.) a $acerated
wound on the fourth (Ath) finger' third $eft hand1
Accused Ro$$, Pagador denied a$$ the accusations against hi1 #e narrated
that on the night of )) Octo.er )<<= he had -ust finished his wor! as a tric,c$e
dri3er when he decided to dro" ., the house of his gir$friend Nenita
%ende&1 Dhen he arri3ed at the %ende&9 residence' he et Nenita9s father
#erinigi$do and casua$$, greeted hi as was his ha.it1 #erinigi$do to$d hi
that Nenita was a$read, as$ee"1
Ro$$, was ta!en a.ac! ., the sudden change in the o$d an9s attitude
towards hi1 Nenita had .een his fiancee for ore than two (2) ,ears and her
fai$, was used to his 3isits e3en at the ost ungod$, hours1 But' ignoring
#erinigi$do9s acer.ic rear!' he tried to go to Nenita9s roo .ut
#erinigi$do .$oc!ed his wa, and tried to "ush hi out of the
house1 #erinigi$do then went inside Nenita9s roo and when he rea""eared
oents $ater he was a$read, ared with a .o$o1 Dithout warning
#erinigi$do hac!ed hi .ut the accused deft$, dodged the .$ow1 According
to the accused' he !ic!ed the !erosene $a" and dashed towards the roo of
#erinigi$do where the $atter9s wife %agda$ena was s$ee"ing1
Dhen the accused reached the roo of the %ende& cou"$e' %agda$ena was
a$read, awa!e1 >"$oring$,' he as!ed %agda$ena wh, her hus.and was acting
the wa, he did1 Before she cou$d answer' #erinigi$do .arged into the roo
and hac!ed his wife .e$ie3ing it was the accused1 2he accused gra""$ed with
#erinigi$do for "ossession of the .o$o and succeeding' he .o$oed the
deceased causing the $atter to fa$$ face down1 #e denied ha3ing caused the
in-uries suffered ., /hir$e, and surised that she ight ha3e .een wounded
during the strugg$e1
Burther the accused narrated that the sisters Ei$,' Nenita' 8ose"hine and
Rosa$inda arri3ed and u"on seeing their $ife$ess father' the four (A) woen
furious$, anhand$ed hi1 /oe !ic!ed hi whi$e the others "u$$ed his
hair1 Dhen he noticed that Rosa$inda was tr,ing to ta!e ho$d of the .o$o' he
wrested it fro her and swung it at the four (A) enraged woen ne3er !nowing
whether an,one was hit1 After the woen too! f$ight' he ran out in "ursuit of
Nenita .ut she was nowhere to .e found1 #e further c$aied that whi$e
detained at the unici"a$ -ai$' he gathered re"orts fro Nenita9s re$ati3es that
#erinigi$do had a$read, coitted Nenita to arr, a certain seaan which'
according to hi' e6"$ained the hosti$e treatent he recei3ed fro the deceased
father1
2he tria$ court found the accused gui$t, in a$$ fi3e (E) cases charged against
hi1 /"ecifica$$,' he was con3icted of frustrated urder on two (2) counts
coitted indi3idua$$, against /hir$e, and Rosa$inda and i"osing u"on hi
the "ena$t, of reclusion temporal or twe$3e ()2) ,ears and one ()) da, to
twent, (27) ,ears5 another "ena$t, of arresto mayor for the crie of frustrated
urder against Ei$, %ende&0Castro5 and' urder on two (2) counts
coitted indi3idua$$, against the s"ouses #erinigi$do and %agda$ena
%ende& for which the accused was eted the su"ree "ena$t, of death for
each count1
(+*
>n finding the accused Ro$$, Pagador gui$t, as charged' the tria$ court said 0
>n short' the accused wou$d want to foist .efore this (#onora.$e) Court the
-ustif,ing circustance of !i$$ing ., wa, of se$f0defense' a3ai$ing of Art1 ))'
Par1 )' (RPC) 6 6 6 6
Dhat the Court cannot understand was' the insistence of the accused to enter
the roo of Nenita since the, are (sic) ere$,
sweethearts1 Assuing arguendo that the deceased .$oc!ed his wa, when he
"ersisted to enter Nenita9s roo' this does (sic) not constitute un$awfu$
aggression on the "art of the deceased as the $atter had the "erfect right to a$$ow
or not the entr, of "ersons in his house5 that if there was un$awfu$ aggression' it
was not the deceased who coitted the un$awfu$ aggression' .ut the accused
6 6 6 6
>f it is true that the accused sta..ed the deceased in order to defend hise$f' it
defies reasons wh, the accused ha3e (sic) to sta. the deceased se3era$ ties
inf$icting wounds on the chest' $eft shou$der' ar' na"e' infra0sca"u$ar region 6
6 6 6
(A*
On autoatic re3iew' accused0a""e$$ant $aents the fai$ure of the tria$ court
to gi3e weight to his "$ea of se$f0defense in the $ight of his unre.utted
testion, that esta.$ished the e$eents of this -ustif,ing circustance1 >n
su""ort of his contention' he insists that the fo$$owing facts ha3e .een
sufficient$, esta.$ished: (a) A$though not ,et arried to Nenita' he had a$read,
.een going to their house' and often s$e"t there5 (.) >f he had a .o$o and the
intention to !i$$ the deceased s"ouses' he wou$d ha3e right then and there' at the
ground f$oor of the two0store, house' first !i$$ed #erinigi$do %ende&' who
et hi at the door1 2he fact is undis"uted that #erinigi$do died inside his
own .edroo where his wife and ,oungest daughter /hir$e, were s$ee"ing5 (c)
>t was the deceased #erinigi$do who was in fact the aggressor when he struc!
hi with a .o$o .ut accidenta$$, hit his own wife5 and' (d) E3en ore enraged'
the deceased #erinigi$do assau$ted hi ore aggressi3e$, $ea3ing hi with
no other choice .ut to disa.$e hi with the deceased9s own wea"on1
De do not agree1 >n $ight of the esta.$ished e3idence' accused0a""e$$ant9s
insistence on his incredi.$e stor, is $i!e forcing a sHuare "eg into a round
ho$e1 De are confounded how he cou$d "ossi.$, in3o!e se$f0defense in 3iew of
the contrar, findings of the edico0$ega$ officers and the credi.$e testionies
of the "rosecution witnesses1
De do not .e$ie3e accused0a""e$$ant9s c$ai that #erinigi$do was !i$$ed
when he o3er"owered and hac!ed hi (#erinigi$do) with his own .o$o
during their fata$ encounter1 2he u$ti"$icit, and nature of the in-uries inf$icted
on the deceased .e$ie his c$ai1 #erinigi$do suffered sta. wounds on the
chest' $eft shou$der' ar' na"e' and other "ortions of his .od, whi$e Ro$$,
eerged unscathed1 #e suffered no $acerations or e3en a.rasions des"ite his
su""osed 3icious encounters not on$, with the ared #erinigi$do .ut a$so
with four (A) enraged woen1 A "$ea of se$f0defense cannot .e -ustifia.$,
a""reciated where it is not on$, uncorro.orated ., inde"endent and co"etent
e3idence' .ut a$so e6tree$, dou.tfu$ ., itse$f1
(E*
/e$f0defense as a -ustif,ing circustance ust fai$ where un$awfu$
aggression on the "art of the "erson in-ured or !i$$ed was not "ro"er$,
esta.$ished1 According to accused0a""e$$ant' when #erinigi$do %ende&
.arged into the roo and accidenta$$, struc! his wife with a .o$o' accused0
a""e$$ant after a .rief scuff$e too! "ossession of the wea"on and hac!ed the
deceased1 At this "oint' it cannot .e c$aied that un$awfu$ aggression
e6isted1 Granting that un$awfu$ aggression initia$$, e6isted' the sae ceased as
soon as the danger on the $ife and $i. of accused0a""e$$ant 3anished when he
wrested the .$aded wea"on fro the deceased1
Accused0a""e$$ant9s testion, that %agda$ena was accidenta$$, .o$oed .,
her hus.and hitting her on the .ac! is ad3erse to the testionies of the four (A)
"rosecution witnesses where the, said that accused0a""e$$ant re"eated$,
sta..ed their other at the .ac!1 2he auto"s, re"ort showing that the deceased
%agda$ena %ende& sustained se3era$ hac!ing wounds cou$d not in an, wa, .e
characteri&ed as accidenta$1 #er wounds were ore indicati3e of a de$i.erate
and reso$ute atte"t ., the "er"etrator to snuff out her $ife1 2he nature and
nu.er of wounds are constant$, and unreitting$, considered
i"ortant indicia which dis"ro3e the "$ea of se$f0defense1
(=*
Accused0a""e$$ant now .ewai$s his con3iction for tri"$e frustrated urder
notwithstanding the a.sence of an, c$ear showing of an, intent on his "art to
!i$$ the three (+) "ri3ate offended "arties1 #e does not den, that he hurt Ei$,
and Rosa$inda .ut their in-uries were not fata$1 >ntent to !i$$ was not in his
heart1 As for /hir$e,' he e"hatica$$, stated that he ne3er $aid a hand on
her1 As far as he was concerned' /hir$e, was wounded when he and
#erinigi$do strugg$ed for the "ossession of the .o$o and fought each other to
death1
2he "i3ota$ issue is to deterine whether the court a quo correct$,
con3icted accused0a""e$$ant of three (+) counts of frustrated urder1 Let us
e6aine the factua$ .ac!dro" of each case1
As regards Rosa$inda' we gather fro her testion, that when she rushed
out of her "arent9s roo' accused0a""e$$ant stood u" and chased
her1 O3erta!ing her' accused0a""e$$ant "u$$ed her hair .ac! which caused her
to stu.$e1 #e sat on her stoach and tried to hac! her on the face .ut she
gri""ed the .o$o with her two (2) hands1 But her assai$ant "u$$ed the .o$o fro
her hands and hit her successi3e$, on the right ear and other "arts of her
.od,1 >f on$, to sto" the re$ent$ess assau$t' Rosa$inda "retended to .e
dead1 Before fina$$, a.andoning his Huarr,' Ro$$, swung the .o$o for the $ast
tie and hit her on the thigh1 Going ., the e3idence for the "rosecution' we
agree with the finding of the court a quo that accused0a""e$$ant is gui$t, of
frustrated urder against Rosa$inda %ende& as charged1
(4*
Accused0a""e$$ant
had a$read, "erfored a$$ the acts of e6ecution which tended to "roduce the
death of Rosa$inda .ut fai$ed to cause her death ., reason inde"endent of his
own free wi$$1 De o.ser3e that when the "er"etrator stood u" and $eft the crie
scene it was on the .e$ief that he had consuated his heinous act' not
sus"ecting that Rosa$inda was ere$, feigning death1 >n other words' the
su.-ecti3e "hase had a$read, .een "assed1 On this "oint' the ru$ing in People v.
Eduave is a""ro"riate 0
(G*
2he su.-ecti3e "hase is that "ortion of the acts constituting the crie inc$uded
.etween the act which .egins the consuation of the crie and the $ast act
"erfored ., the offender which' with the "rior acts' shou$d resu$t in the
consuated crie1 Bro the tie forward' the "hase is o.-ecti3e1 >t a, a$so
.e said to .e that "eriod occu"ied ., the acts of the offender o3er which he has
contro$ that "eriod .etween the "oint where he .egins and the "oint where he
3o$untari$, desists1 >f .etween these two "oints the offender is sto""ed .,
reason of an, cause outside of his 3o$untar, desistance' the su.-ecti3e "hase
has not .een "assed and it is an atte"t1 >f he is not so sto""ed .ut continues
unti$ he "erfors the $ast act' it is frustrated1
Dith res"ect to /hir$e, and Ei$,' we are of the o"inion that the court a
quo incorrect$, con3icted accused0a""e$$ant of frustrated urder in .oth cases1
(<*
Prosecution witnesses 8ose"hine and Rosa$inda %ende& testified that when
the, entered the roo of their "arents' the, saw accused0a""e$$ent Ro$$,
Pagador sta..ing their other %agda$ena' whi$e /hir$e, who was $,ing on the
$a" of her other was ho$ding her .$eeding stoach1 Both witnesses
disaffired ha3ing seen the "erson res"onsi.$e for the in-uries suffered .,
/hir$e, a$though the, were certain it was accused0a""e$$ant as there was no
other stranger in the house swinging a .o$o and who cou$d ha3e done it1
2he "rinci"a$ and essentia$ e$eent of atte"ted or frustrated hoicide' or
urder' is the intent on the "art of the assai$ant to ta!e the $ife of the "erson
attac!ed1 /uch intent ust .e "ro3ed in a c$ear and e3ident anner to e6c$ude
e3er, "ossi.$e dou.t as to the hoicida$ intent of the aggressor1 A$though we
can safe$, assue that the in-uries sustained ., /hir$e, were inf$icted .,
accused0a""e$$ant' the factua$ en3ironent of the case is inconc$usi3e as to
whether he was i"e$$ed to in-ure /hir$e, "ur"ose$, to !i$$ her1 E3en /hir$e,
stated that she was awa!ened when soeone struc! her and she fe$t
e6cruciating "ain in her stoach1 >n short' no one e6ce"t "ro.a.$, accused0
a""e$$ant cou$d shed $ight on the circustances which $ed to the wounding of
/hir$e,' .ut this notwithstanding' the onus probandi $ies not on accused0
a""e$$ant .ut on the "rosecution1 2he inference that the intent to !i$$ e6isted
shou$d not .e drawn in the a.sence of circustances sufficient to "ro3e this
fact .e,ond reasona.$e dou.t1
()7*
When such intent is lacking but wounds were inflicted' the
crime is not frustrated murder but physical inuries only 0 $ess serious "h,sica$ in-uries in the "resent
case considering the edico0$ega$9s e6"ert o"inion that the wounds sustained ., /hir$e, wou$d reHuire
edica$ attendance of ore than two wee!s or ore than fourteen ()A) da,s1
())*
>n the sae 3ein' we cannot a$so conc$ude with certaint, that the in-uries
inf$icted on Ei$, were the resu$t of the urderous intent of accused0
a""e$$ant1 Ei$, testified that as she a""roached her other' accused0a""e$$ant
swung his .o$o' cutting her $eft inde6 finger and $acerating her $eft ring
finger1 Accused0a""e$$ant did not "ursue her as she ran out of the roo and
-u"ed out of the window1 A""arent$,' his "ur"ose was ere$, to dri3e awa,
the four (A) sisters and dissuade the fro attac!ing hi1 2hus' in e3a$uating
the circustances of the case' we fai$ to find an, trace of intent or inc$ination
on the "art of accused0a""e$$ant to !i$$ Ei$, e3er indfu$ that in criina$
cases there is no roo for con-ectures as the Huantu of "roof reHuired ust .e
.e,ond reasona.$e dou.t1 Bro the co$d facts of the case' the crie coitted
against Ei$, was not frustrated urder .ut on$, serious "h,sica$ in-uries1
De are Huite "er"$e6ed as to how the $ower court arri3ed at the
?a""ro"riate? "ena$ties considering that it ne3er discussed the odif,ing
circustances1 2he answer is $eft for us to disco3er1 De therefore reiterate that
-udges ust stri3e to .e ore thorough in crafting their decisions a$wa,s
conscious of the constitutiona$ in-unction that decisions ust state the facts and
the $aw u"on which the, are .ased1 2his assues infinite significance in the
"resent case gi3en the gra3it, of the offenses in3o$3ed1
As regards the odif,ing circustances' we find that whi$e the Decision
can .e sustained insofar as the !i$$ing of #erinigi$do %ende& cou$d not .e an
act of se$f0defense' its conc$usion as to the e6istence of a Hua$if,ing
circustance' "resua.$, treacher,' raises a dou.t not a$together fancifu$1
()2*
2reacher, as a Hua$if,ing circustance a, not .e deduced fro ere
"resu"tions1 2he fact that accused0a""e$$ant e"$o,ed wa,s and eans in
the e6ecution of the crie tending direct$, and es"ecia$$, to ensure it ust .e
"ro3ed with con3incing e3idence1 2reacher, cannot .e a""reciated against
accused0a""e$$ant .ecause there is no showing whatsoe3er that he ado"ted a
ode of attac! to ensure his safet, fro an, reta$iator, act on the "art of the
offended "art,1 >t was esta.$ished that when the "rosecution witnesses entered
the roo of their "arents' their father #erinigi$do was a$read, $,ing on the
f$oor .$oodied and $ife$ess1 >n short no one saw the actua$ !i$$ing1 >n the
a.sence of an, witness' the anner and ode of attac! e"$o,ed ., accused0
a""e$$ant cou$d not .e esta.$ished with certitude1 Bor this' the !i$$ing of
#erinigi$do %ende& shou$d on$, .e considered as hoicide' not urder1
()+*
De cannot howe3er sii$ar$, conc$ude with res"ect to the !i$$ing of
%agda$ena %ende&1 E3idence adduced ., the "rosecution c$ear$, showed that
accused0a""e$$ant re"eated$, sta..ed the unared 3icti who was a$$ the tie
shie$ding and "rotecting her wounded chi$d /hir$e,1 2he defense$ess 3icti
cou$d not "ossi.$, "ut u" an, reta$iator, or defensi3e easure against the
ons$aught of the attac!er9s fur,1 >n 3iew hereof' treacher, was "ro"er$,
a""reciated and the !i$$ing was correct$, c$assified as urder1
>ncidenta$$,' the >nforation in Cri1 Case No1 +2GE0A a$$eges treacher,'
e3ident "reeditation and nighttie1 2echnica$$,' we cannot a""reciate
nighttie since the sae is a.sor.ed ., treacher,1 Neither can we -ustif, an,
finding of e3ident "reeditation in the a.sence of "roof that accused0a""e$$ant
had c$ung to a deterination to e$iinate %agda$ena %ende&1 2herefore' it
cannot .e said that there was sufficient $a"se of tie .etween the deterination
and the !i$$ing to a$$ow accused0a""e$$ant to o3ercoe the reso$ution of his wi$$
had he desired to hear!en to its warnings1 2hus the urder of %agda$ena was
not attended ., an, other odif,ing circustance1
As regards the !i$$ing of #erinigi$do %ende&' a 3icti of hoicide' the
"ena$t, under Art1 2A< of !he Revised Penal "ode is reclusion temporal' the
range of which is twe$3e ()2) ,ears and one ()) da, to twent, (27)
,ears1 Considering the "resence of the aggra3ating circustance of
nighttie
()A*
and a""$,ing the #ndeterminate $entence %aw' the a6iu of the
i"osa.$e "ena$t, sha$$ .e ta!en fro the a6iu "eriod ofreclusion
temporal' which is se3enteen ()4) ,ears four (A) onths and one ()) da, to
twent, (27) ,ears' whi$e the iniu sha$$ .e ta!en fro the "ena$t, ne6t
$ower in degree' which is prision mayor' the range of which is si6 (=) ,ears and
one ()) da, to twe$3e ()2) ,ears' in an, of its "eriods1
2he "ena$t, for urder under Art1 2AG of !he Revised Penal
"ode is reclusion perpetua to death1 Parenthetica$$,' Art1 =+' 2nd "ar1' "ro3ides
that ?in a$$ cases in which the $aw "rescri.es a "ena$t, co"osed of two (2)
indi3isi.$e "ena$ties the fo$$owing ru$es sha$$ .e o.ser3ed in the a""$ication
thereof: 6 6 6 6 21 (D)hen there are neither itigating nor aggra3ating
circustances in the coission of the deed' the $esser "ena$t, sha$$ .e
a""$ied1?
()E*
2hus' the i"osa.$e "ena$t, .eing co"osed of two (2) indi3isi.$e
"ena$ties' and there .eing no odif,ing circustance' the $esser "ena$t,
of reclusion perpetua sha$$ .e i"osed on accused0a""e$$ant for the !i$$ing of
%agda$ena %ende&1
2he $ess serious "h,sica$ in-uries suffered ., /hir$e, %ende& is defined
under Art1 2=E of !he Revised Penal "ode which "ro3ides that ?(A)n, "erson
who inf$icts u"on another "h,sica$ in-uries not descri.ed as serious "h,sica$
in-uries .ut which sha$$ inca"acitate the offended "art, for $a.or for ten ()7)
da,s or ore' or sha$$ reHuire edica$ attendance for the sae "eriod' sha$$ .e
gui$t, of $ess serious "h,sica$ in-uries and sha$$ suffer the "ena$t, of arresto
mayor1?
As regards the frustrated urder of Rosa$inda %ende&' the "ena$t, one ())
degree $ower than reclusion perpetua to death' which is reclusion temporal'
sha$$ .e i"osed "ursuant to Art1 2E7 of !he Revised Penal "ode in re$ation to
Art1 E7 thereof1 >n the a.sence of an, odif,ing circustance'
()=*
the a6iu
"ena$t, to .e i"osed sha$$ .e ta!en fro the ediu "eriod of the i"osa.$e
"ena$t,' which is reclusion temporalediu' whi$e the iniu sha$$ .e ta!en
fro the "ena$t, ne6t $ower in degree' which is prision mayor in an, of its
"eriods1
2he offense for the "h,sica$ in-uries inf$icted on Ei$, %ende& is "ro"er$,
c$assified as serious "h,sica$ in-uries under Art1 2=+ of !he Revised Penal
"ode which states that I(A)n, "erson who
sha$$ wound' .eat' or assau$t another sha$$ .e gui$t, of serious "h,sica$
in-uries'J and "ar1 + thereof "ro3ides that Ithe "ena$t, of prision
correccional in its iniu and ediu "eriods' if in conseHuence the "erson
in-ured sha$$ ha3e .ecoe defored' or sha$$ ha3e $ost an, "art of his .od,' or
sha$$ ha3e $ost the use thereof1J Co"$aining witness Ei$, %ende& $ost her
$eft inde6 finger ., a"utation as a resu$t of the crie' and a""reciating
treacher, as an aggra3ating circustance'
()4*
e3ident "reeditation a$though
a$$eged .ut not ha3ing .een "ro3ed' the i"osa.$e "ena$t, sha$$ .e prision
correccional in its iniu and ediu "eriods the range of which is si6 (=)
onths and one ()) da, to four (A) ,ears and two (2)
onths1 A""$,ing the #ndeterminate $entence %aw' the iniu sha$$ .e
ta!en fro the iniu of the i"osa.$e "ena$t,' which is si6 (=) onths and
one ()) da, to one ()) ,ear eight (G) onths and twent, (27) da,s' and the
a6iu sha$$ .e ta!en fro its ediu "eriod' which is one ()) ,ear' eight
(G) onths and twent,0one (2)) da,s' to two (2) ,ears e$e3en ())) onths and
ten ()7) da,s1
2he rea$ oti3e that triggered the coission of such hideous cries
a""ears stashed soewhere in the confused ind of accused0a""e$$ant1 >ndeed'
it is not un$i!e$, that fierce -ea$ous,' as he hise$f hinted' a, ha3e un$eashed
his deonic' inferna$ fren&,1 Bor' tru$,' intense $o3e can e3o!e not on$, the
ost no.$e of sentients .ut a$so e3en the .asest of an;s
"assions1 Nonethe$ess' oti3e in the instant case is now inconseHuentia$ in
3iew of the "ositi3e identification of accused0a""e$$ant ., the "rosecution
witnesses who saw and c$ear$, deonstrated how he "er"etrated the gruesoe
transgressions of the $aw1
2he co"$e6it, and 3ariance in the offenses coitted against the fi3e (E)
e.ers of the %ende& fai$, in contrast with the $ower court9s swee"ing
con3iction for urder and frustrated urder .etra, a g$aring disregard for the
3ar,ing $ega$ i"$ications and the factua$ "ecu$iarities of accused0
a""e$$ant9s 3aried criina$ acts1 8udges' who are ca$$ed u"on to adinister the
$aw and a""$, it to the facts' shou$d .e studious of the "rinci"$es of
the $aw and di$igent in endea3oring to ascertain the facts1 2he, are in the
front$ine of the sacred tas! of dis"ensing -ustice to a$$5 hence' a dis"assionate'
assiduous and de3oted discharge of their duties is deanded of the at a$$
ties1
$HEREFORE' the Decision of the Regiona$ 2ria$ Court of A$ainos'
Pangasinan is %OD>B>ED as fo$$ows:
)) >n G1R1 No1 )A777= (Cri1 Case No1 +2GA0A)' accused0a""e$$ant Ro$$,
Pagador is found gui$t, of Ho%i&i'( (instead of %urder as found ., the tria$
court) and is sentenced to suffer an indeterinate "rison ter of eight (G) ,ears
four (A) onths and ten ()7) da,s of prision mayor ediu as iniu' to
se3enteen ()4) ,ears si6 (=) onths and twent, (27) da,s of reclusion
temporal a6iu' as a6iu' and to "a, the heirs of #erinigi$do
%ende& the aounts of PE7'777177 as ci3i$ indenit, and another PE7'777177
for ora$ daages5
2) >n G1R1 No1 )A7774 (Cri1 Case No1 +2GE0A)' accused0a""e$$ant is
found gui$t, of )*r'(r (as $i!ewise found ., the tria$ court) and is sentenced
to suffer the "ena$t, of reclusion perpetua and to "a, the heirs of %agda$ena
%ende& the aounts of PE7'777177 as ci3i$ indenit, and another PE7'777177
for ora$ daages5
+) >n G1R1 No1 )A777G (Cri1 Case No1 +2G=0A)' accused0a""e$$ant is
found gui$t, of L(ss S(rio*s P+,si&-l I./*ri(s (instead of Brustrated %urder
as found ., the tria$ court) and is sentenced to suffer a straight "rison ter
of four (A) onths and ten ()7) da,s of arresto mayor a6iu5
A) >n G1R1 No1 )A777< (Cri1 Case No1 +2G40A)' accused0a""e$$ant is
found gui$t, of Fr*s0r-0(' )*r'(r and is sentenced to an indeterinate
"rison ter of eight (G) ,ears four (A) onths and ten ()7) da,s of prision
mayor ediu as iniu' to si6teen ()=) ,ears two (2) onths and ten ()7)
da,s of reclusion temporal ediu as a6iu5 and
E) >n G1R1 No1 )A77)7 (Cri1 Case No1 +2GG0A' or CA0G1R1 CR No1
2+AGE' erroneous$, nu.ered G1R1 No1 )A+<+A)' accused0a""e$$ant is found
gui$t, of S(rio*s P+,si&-l I./*ri(s (instead of Brustrated %urder as found .,
the tria$ court) and is sentenced to an indeterinate "rison ter of ten ()7)
onths and twent, (27) da,s of the iniu "eriod of prision
correccional iniu and ediu' as iniu' to one ()) ,ear ten ()7)
onths and twent, (27) da,s of the ediu "eriod of prision
correccional iniu and ediu' as a6iu1
ConseHuent$,' G1R1 No1 )A+<+A' which cae fro the Court of A""ea$s as
CA0G1R1 CR No1 2+AGE after it was erroneous$, e$e3ated thereto' is now
disregarded it .eing a ere du"$ication of G1R1 No1 )A77)71 Costs de oficio1
SO ORERE.

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