FIRST DIVISION

[G.R. No. 139528. May 9, 2002]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NORMAN OBORDO y BULALAKAW, accused-appellant.

D E C I S I O N

KAPUNAN, J.:

Before the Court is an appeal from the Decision of the Regional Trial Court of Sindangan, Zamboanga del Norte, Branch 11, dated July 2, 1999 in Criminal Case No. 7659 finding accused-appellant Norman Obordo y Bulalakaw guilty beyond reasonable doubt of the crime of murder and sentencing him to suffer the penalty of reclusion perpetua.

On January 28, 1997, accused-appellant was charged with murder in an information which alleged:

That at dawn, on or about January 23, 1997 in Barangay Antipolo, City of Dapitan, within the jurisdiction of this Honorable Court, the above-named accused, armed with a hunting knife, with intent to kill by means of treachery and evident premeditation, did then and there willfully, unlawfully and feloniously attack, assault and stab with the use of said hunting knife one, HOMER JAMAROLIN, thereby resulting to his instantaneous death.

That as a result of the criminal acts of the accused heirs of the deceased suffered the following damages to wit:

1. Moral damages - - - - P 30,000.00

2. Exemplary damages - - 30,000.00

3. Death Indemnity - - - - 40,000.00

Total - - - P100,000.00

CONTRARY TO LAW. (Viol. of Art. 248 of the Revised Penal Code, amended by R.A. 7659)[1]

Upon arraignment, accused-appellant entered a plea of not guilty. Thereafter, trial ensued.

The prosecution presented as its witnesses Edgar Bendillo, Rolando Jamarolin, Dr. Bernardo Palma and Renelio Jamarolin.

Edgar Bendillo testified that at about 7:30 in the evening of January 22, 1997, he, the victim Homer Jamarolin and their companions Roy Adrias, Rene Adrias, and Inting Jamlod went to Antipolo, Dapitan City to attend a benefit dance. On their way to the dance, they stopped by the store of Mimie Valladares and engaged in a drinking spree.[2]

At about 1:00 a.m. of the following day, January 23, 1997, Rolando Jamarolin, Homer’s brother, arrived at Valladares’ store and asked the victim for some money to buy a bottle of softdrinks. Rolando persuaded Homer and his companions to proceed to the benefit dance and the group acceded.[3]

While Homer and his companions were on their way to the benefit dance, they met the group of Ronald Alap-ap, which included accused-appellant Norman Obordo.[4]

When Bendillo saw Alap-ap, with whom he previously had a fist fight, he approached Alap-ap and boxed the latter. Alap-ap staggered from the blow then pulled out a hunting knife from his waist, prompting Bendillo to retreat towards Homer and the rest of their group.[5]

In the meantime, accused-appellant called Homer, who was then holding a lighted cigarette, and asked him if he could light accused-appellant’s cigarette. Homer obliged and extended his lighted cigarette to accused-appellant.[6] At this time, Bendillo was walking back towards his companions and was about one fathom[7] A “fathom” is defined as a full stretch of the arms in a straight line; also, grasp, reach, or a unit of length equal to 6 feet based on the distance between fingertips of a man’s outstretched arms and used especially for measuring the depth of water (Webster’s Third New International Dictionary, p. 828 [1976]).7 away from Homer when he saw accused-appellant approach the latter to reach for the lighted cigarette. Accused-appellant’s right hand was at the right side of his hip as if concealing something. Accused-appellant took Homer’s cigarette with his left hand and with his right hand suddenly stabbed Homer on the left side of the abdomen near the navel with what seemed to be a small bolo. After he was stabbed, Homer retaliated by punching accused-appellant in the face. Accused-appellant fell to the ground, then got up on his feet and ran away. Bendillo said that although Homer and accused-appellant were facing each other then, Homer had no chance to defend himself because he was busy lighting accused-appellant’s cigarette. Bendillo further stated that he was able to see the stabbing because the place was well-lighted because there was a fluorescent lamp from the electric post and the moon was shining brightly.[8]

Rolando Jamarolin (“Rolando”), the brother of the victim, corroborated Bendillo’s statements. Rolando testified he left the house on January 22, 1997 at around 8:00 p.m. to attend a benefit dance in a disco house in Antipolo, Dapitan City. At about 1:00 a.m. of January 23, 1997, he went outside the disco house to look for his brother Homer. Rolando eventually found Homer with Bendillo, Rene Adrias and Roy Adrias at Valladeres’ store. He asked Homer for money to buy a bottle of cola. After finishing his drink, Rolando suggested to Homer and his group that they proceed to the benefit dance before going home. However, they were not able to attend the dance because they met the group of accused-appellant, Alap-ap and their other companions along the way.[9]

Rolando explained that when Bendillo saw Alap-ap, Bendillo approached the latter and boxed him. Rolando heard accused-appellant call Homer and say “Pagdakota ko, Bay.” Accused-appellant was asking Homer to light his cigarette. Rolando then saw Homer go near accused-appellant to light the unlighted cigarette with Homer’s cigarette which was already lighted. While Homer was lighting accused-appellant’s cigarette, the latter suddenly thrust his hunting knife towards the left side of Homer’s abdomen. Homer was unable to prevent himself from being stabbed because the act took place all of a sudden.[10]

After Homer was stabbed, he retaliated by punching accused-appellant. The latter fell out but he stood up at once, and then he and his companions ran away from the scene. Thereafter, Rolando Jamarolin and their other companions rushed Homer to the hospital, but the victim died before they could reach the same.[11]

Rolando was able to ascertain that it was accused-appellant who stabbed his brother because the place was illuminated by a fluorescent bulb.[12]

Dr. Bernardo Palma, the City Health Officer who examined Homer’s body at about 9:10 a.m. on January 23, 1997, found that the victim sustained a wound on the left side of the navel and that his stomach and liver were also injured.[13] His postmortem report indicated the following:

FINDINGS:

STABBED WOUND 1 inch left hypochondriac region with injuries to stomach liver.

CAUSE OF DEATH:

Acute anemia secondary to stabbed wound with injuries to stomach and liver.[14]

Dr. Palma opined that the a sharp-edged pointed blade instrument which could be a small bolo or a hunting knife must have been used by the assailant in stabbing the victim.[15]

The prosecution’s last witness was the victim’s father, Renelio Jamarolin (“Renelio”). He testified that at the time of his death, Homer was physically fit and gainfully employed by a certain Atty. Cainta as a fishpond watcher. Homer was earning Two Thousand Pesos (P2,000.00) a month, excluding his commission from the bangus and the lukon. Renelio said that he suffered great pain and anguish as a result of Homer’s death. He claimed Thirty Thousand Pesos (P30,000.00) as moral damages, Thirty Thousand Pesos (P30,000.00) as exemplary damages and Forty Thousand Pesos (P40,000.00) as indemnity for his son’s death.[16]

The defense presented the testimonies of Vidal Calalang and the accused-appellant.

Vi