G.R. No. 144343 - People vs. Parreno y Atido

People of the Philippines filed an appeal against the Decision of the Regional Trial Court of Pasig City, Branch 156, in Criminal Case No. 113331-H.
The RTC convicted appellants Ricson Parreno and Delbert Quindo of murder under Article 248 of the Revised Penal Code.
The RTC sentenced both appellants to reclusion perpetua.
The RTC ordered appellants to indemnify the heirs of Anthony Cruz in P 50,000.00, and to pay P 25,000.00 as actual damages and costs of the suit.
The RTC Decision was penned by Judge Esperanza Fabon Victorino.

On November 10, 1997, an Information was filed charging the appellants with murder.
The Information alleged that on or about November 2, 1997 in Pasig City, within the jurisdiction of the RTC, the appellants, conspiring with four John Does whose identities and whereabouts were unknown, with intent to kill, with treachery and abuse of superior strength, armed with a deadly weapon, stabbed Anthony Cruz y Santos on his back, causing a mortal wound and his immediate death.
The appellants pleaded not guilty.

Anthony Cruz was thirty years old.
He was the eleventh child in a family of twelve.
He resided with elder sister Zenaida Santos Cruz at No. 32-D Katarungan St., Caniogan, Pasig City.
He was an electrical engineering graduate, still single, and worked as a cashier in Mr. Quickie Repair Shop owned by his sister Zenaida.
He received P 6,000.00 compensation and usually worked from 10:00 a.m. to 7:00 p.m.

Simplicio Genova, Jr. (twenty years old) and Frederick Sabangan (nineteen years old) were Anthony’s neighbors and gangmates.
At around 12:30 a.m. of November 2, 1997, Simplicio and Frederick were with Anthony and two friends, Agripino Santos and Ricardo Deocareza, intending to buy food from a nearby store.

While walking in front of Rizal High School on Katarungan Street, they saw six persons on the other side of the street.
Appellants Parreno and Quindo were in front; four others were right behind them.
Appellant Quindo challenged them to a fight.
Frederick, Anthony, and Simplicio looked at the six men but did not recognize them.
One of the men had a slingshot (tirador).
Anthony said, “Pabayaan na lang natin,” while Simplicio said, “Hindi kami lalaban.”
They turned to walk away.
After they saw two male persons start running after them, they also ran.
Anthony and Simplicio ran ahead toward an alley in Katarungan Street; Agripino followed.
Anthony noticed Frederick and Ricardo had been left behind and told Simplicio and Agripino to go back where their two other companions were.
Anthony went further ahead.

The three circled Anthony while Anthony faced the man in the red jacket.
Appellant Parreno, standing behind Anthony, suddenly stabbed Anthony with his right hand.
Simplicio, about ten meters away, saw the stabbing but failed to recognize what weapon Parreno used because of shock.
The three culprits fled toward the direction of Rizal High School.

Agripino, Ricardo, and Frederick retraced steps and turned toward the other alley.
Frederick saw the wounded Anthony as the culprits fled.
Anthony slowly approached Frederick and Simplicio and murmured, “Pare, may tama ako.”
Simplicio informed Anthony’s elder brother.
Simplicio, Agripino, Ricardo, and Frederick boarded an owner-type vehicle and brought Anthony to the provincial hospital.
Anthony died shortly after being wheeled into the emergency room.

At around 12:30 a.m. of November 2, 1997, the stabbing incident was referred to him.
He proceeded to Rizal Medical Center where Anthony was brought.
Dr. Loy Garcia, the attending physician, told PO1 Canonigo that the victim already died.
PO1 Canonigo interviewed witnesses.
A patrol car arrived to take the witnesses to the crime scene to identify the suspects.

PO1 Canonigo followed officers to the crime scene.
Officers invited four persons found inside Rizal High School campus for questioning and brought them to Block V Station for investigation.
With assistance of PO3 Isuga, there was a confrontation among those four persons.
Genova pointed to appellants Parreno and Quindo as culprits in the stabbing.
After appellants were apprised of their constitutional rights, PO1 Canonigo took statements of witnesses and prepared a referral letter dated November 3, 1997.

Medico-Legal Officer Dr. Emmanuel Aranas conducted an autopsy (contained in Medico-Legal Report No. M-0703-97).
Dr. Aranas’ findings included:

fairly nourished, fairly developed male cadaver in rigor mortis, with post mortem lividity at dependent portions; pale conjunctivae; cyanotic lips and nailbeds; surgical incisions at the chest;
trunk and extremities: multiple abrasions (right supraorbital region measuring 7 by 3.5 cms.), a stab wound (left lumbar region measuring 3 by 0.7 cms., 10 cms. deep, directed anteriorwards, upwards, and medialwards through the left intercostal space along parvertebral line, piercing both lobes of the left lung), abrasion left knee (0.8 by 0.4 cms.), and multiple linear abrasions on the middle third of the left leg;
about 300 mls. fluid and clotted blood in the thoracic cavity; and
stomach contents containing 12 glassful of partially digested food particles.

Dr. Aranas testified that the cause of death was the stab wound at the back.
The doctor stated the stab wound was about ten centimeters deep and about three by 0.7 centimeters in size.
The doctor could no longer identify the weapon used because medical attendants altered the edges of the wound.

Zenaida Santos Cruz, sister of the victim, testified to funeral expenses of P 25,000.00 supported by a receipt issued by Funeraria Sta. Clara.
She testified she sought justice for her brother’s death and was not interested in money.

Appellant Quindo’s denial and account of being at Rizal High School building

Quindo testified he had nothing to do with killing Anthony Cruz.
In 1997, he worked as a laborer of MC Valentin, the construction company in charge of the on-going work in the building.
He lived in the building at the time but was a resident of St. Pascual Street, Manggahan, Fairview, Quezon City.
He admitted that he was at the Rizal High School Building on November 2, 1997, with Parreno, Julius Sorongon, Danny Castro, and other friends.
He insisted he did not know what happened to Anthony Cruz.
He stated he could think of no reason why prosecution witnesses would point to him as perpetrator.
He testified that when policemen arrived around midnight of November 2, 1997, Julius Sorongon and Danny Castro were drinking, while the appellants were already lying in ...(Subscriber-Only)