FIRST DIVISION

[G.R. No. 140896. May 7, 2002]

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOVENCIO PACANTARA y MASON,* accused-appellant.

D E C I S I O N

DAVIDE, JR., C.J.:

Accused-appellant Jovencio Pacantara (hereafter JOVENCIO) appeals from the decision[1] of 5 August 1999 of the Regional Trial Court of Marikina City, Branch 272, in Criminal Case No. 98-2394-MK, finding him guilty beyond reasonable doubt of the crime of murder and imposing upon him the penalty of reclusion perpetua, and to pay the heirs of Dominador Drillon (hereafter DOMINADOR) the amount of P50,000 as indemnity, P15,500 as funeral expenses, and P20,000, as moral damages.

The accusatory portion of the Information[2] under which JOVENCIO was arraigned, tried and convicted reads as follows:

That on or about the 22nd day of March, 1998 in the City of Marikina, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, armed with a bolo, with intent to kill, treachery and abuse of superior strength, did then and there wilfully, unlawfully and feloniously attack, assault and stab/hack one Dominador Drillon y Montano on the different parts of his body, thereby inflicting upon the latter mortal wounds which directly caused his death.

CONTRARY TO LAW.

With the assistance of counsel de oficio, JOVENCIO entered a plea of not guilty upon arraignment on 14 April 1998.

The first witness presented by the prosecution was 43-year old Wilfredo Villasor, a maintenance employee of Berkley and barangay tanod of Sitio Olandes, Industrial Valley Complex, Marikina City. He testified that on 22 March 1998, at 4:35 p.m., after arriving home from a funeral, he heard someone shout “Huwag Pareng Dencio.” He went out of his house and found that it was Mrs. Molina, his neighbor. At the same time, he saw JOVENCIO, then ten meters away from him and behind DOMINADOR, who was sitting near a table, writing on a basketball ending game betting card. JOVENCIO had a bolo in his hand which he used in suddenly hacking DOMINADOR’s right hand. JOVENCIO gave three more successive thrusts. Wilfredo ran toward JOVENCIO and asked him to stop, but JOVENCIO did not heed the plea and continued hacking DOMINADOR, who had already fallen to the ground. Wilfredo hit JOVENCIO with his nightstick (batuta) and tried to grab the bolo, so JOVENCIO attacked him, too, hitting his left palm. They grappled for the bolo, and Wilfredo eventually get the weapon. He brought JOVENCIO to the "Executive Officer of the barangay tanod." He later identified the bolo in court.[3]

The prosecution then presented Dr. Tomas Suguitan, medico-legal officer of the PNP Crime Laboratory. He testified that on 23 March 1998, he conducted an autopsy on the body of DOMINADOR and found the latter had sustained four incised and eight hack wounds, two of which were fatal. The four incised wounds were inflicted by a sharp-edged instrument while the eight hack wounds were caused by a heavy, sharp-edged instrument which could have been a bolo, axe, shovel or any other instrument bigger than a knife.[4] Dr. Suguitan’s findings were incorporated in his Medico-Legal Report No. M-610-98,[5] to wit:

POST MORTEM FINDINGS:

Fairly developed, fairly nourished male cadaver in primary stage of flaccidity with post mortem lividity at the dependent portions of the body. Conjunctivae, lips and nailbeds are pale.

TRUNK AND EXTREMITIES:

1) Hacked wound, right shoulder extending diagonally to the epigastric region, measuring 23 x 4.2 cm from the anterior midline, 7 cm deep, cutting the 1st to 7th right ribs, piercing all lobes of the right lung, diaphragm and liver.

2) Incised wound, right lumbar region, measuring 8 x 1.5 cm, 9 cm from the anterior midline.

3) Hacked wound, left inframammary region, measuring 11 x 3 cm, 6 cm from the anterior midline, 9 cm deep, cutting the 4th to 6th left ribs piercing the pericardial sac, heart and lower lobe of the left lung.

4) Hacked wound, left shoulder, measuring 7 x 2 cm, 7 cm from the posterior midline, 2 cm deep, nicking the left clavicle, piercing the underlying soft tissues.

5) Hacked wound, left lumbar region, measuring 19 x 2.5 cm, 11 cm from the posterior midline, 9 cm deep, cutting the 12th left rib, piercing the left kidney.

6) Hacked wound, proximal 3rd of the right arm, measuring 8 x 2 cm, crossing its anterior midline, 2 cm medially and 6 cm laterally, 1 cm deep, piercing the underlying soft tissues.

7) Hacked wound, middle 3rd of the left arm, measuring 8.5 x 1.5 cm medial to its anterior midline, 4.5 cm deep, piercing the underlying soft tissues.

8) Incised wound, middle 3rd of the left forearm, measuring 9 x 0.5 cm, 3 cm lateral to its anterior midline.

9) Hacked wound, distal 3rd of the right forearm, measuring 8 x 2 cm, bisected by its posterior midline, 1.5 cm deep, nicking the right radial and ulnar bones, piercing the underlying soft tissues.

10) Hacked wounds, dorsum of the right hand, measuring 10 x 1.5 cm crossing its posterior midline.

11) Incised wound, proximal 3rd of the right thigh, measuring 3.5 x 1 cm, 5 cm lateral to its anterior midline.

12) Incised wound, proximal 3rd of the left thigh, measuring 4.5 x 0.5 cm, 7 cm lateral to its anterior midline.

There are 1500 cc of blood and blood clots accumulated at the thoracic and abdominal cavities.

Stomach is empty. xxx

CONCLUSION:

Cause of death is hemorrhages [sic] as a result of multiple hacked wounds of the trunk and upper extremities.

Dr. Suguitan further testified that DOMINADOR had “type B” blood, the same type as the bloodstains found on the bolo submitted by the pathologist of the PNP Crime Laboratory, per Medico-Legal Report No. S-046-98.[6]

The third witness for the prosecution was Dr. Olga Bausa. As pathologist and medico-legal officer of the PNP Crime Laboratory, she prepared the said Medico-Legal Report No. S-046-98 after conducting a serological examination on the blood stains on the bolo and scabbard taken from the crime scene and submitted to her office for analysis.[7]

Finally, the prosecution presented Eva Drilon,[8] widow of DOMINADOR. She testified that it was Wilfredo Villasor who informed her that her husband was stabbed to death by JOVENCIO. The latter, who used to be their neighbor at Olandes, Marikina, allegedly bore a grudge against them because of his feud with their son Richard. DOMINADOR, a former barangay tanod, wanted to discuss the matter with JOVENCIO, but because of the latter’s hostile attitude, no settlement was reached. Sometime in January 1998, JOVENCIO even injured Richard, but they did not file charges against him because they knew he was drunk at the time.[9]

Eva also testified that she spent P13,000 for the funeral services of her husband; P2,500 for her husband’s coffin; and P40,000 for other expenses during the wake which lasted two weeks.[10]

The defense, on the other hand, presented JOVENCIO and Roan Hilot Bautista.

JOVENCIO raised self-defense. He testified that on 22 March 1998, at around 4:30 p.m., he was on his way home when somebody shouted at him “Pareng Ben” as he was passing by the house of a certain Felimon Molina. He turned around and saw DOMINADOR about to hack him with a bolo. He immediately held up his hand and they fought for possession of the bolo. JOVENCIO was able to get hold of the bolo, but only after his left index finger was injured. DOMINADOR then pulled out a fan knife and stabbed him. He apparently hacked DOMINADOR continuously until he saw blood oozing from his (JOVENCIO's) index finger. JOVENCIO fainted upon seeing blood all over his body.

When he recovered consciousness, Wilfredo allegedly hit him with a club. He was handcuffed, brought to the hospital, then to the CID.[11] JOVENCIO did not know the reason why DOMINADOR attacked him.

On cross-examination, JOVENCIO admitted that he did not sustain any hack wound in the back because he was able to parry DOMINADOR’s blow. He moved backward as soon as he got possession of the bolo. Then he hacked DOMINADOR only once to scare and drive him away.[12]

Roan Hilot Bautista testified that at about 4:30 p.m. of 22 March 1998, she was walking along Libis on her way to the house of her friend Gunyong when she saw a man carrying a bolo while walking. She stopped because she was surprised. Then she saw another man, later identified as JOVENCIO, pass by. The man carrying the bolo was about to hack JOVENCIO from behind, but the latter was able to evade the blow by taking one step away from the man. JOVENCIO raised both his hands so that when he was hacked, JOVENCIO was hit on the left index finger.  </