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[G.R. No. 131479. November 19, 1999.]PEOPLE OF THE PHILIPPINES,
Plaintiff-Appellee, v. ROLANDO GASPAR, CAILO GASPAR,RODRIGO GASPAR,
SION GASPAR, ROEO GASPAR, !"# PANTALEON GASPAR,
Accused.F!$%&'That onor about April 2, 1995at around4:00oclock
inthe afternooninBarangayta! Barbara,"unicipality of #ictoria,
$ro%ince of Tarlac, and &ithin the 'uri(diction of thi(
)onorable *ourt, the abo%e+na,ed accu(ed con(piring, confederating
and helping one another did then and there, &ith
,aliceafterthought and&ithdeliberateintent totakethelifeof
-i,,yA! .once(%alle(, &illfully, unla&fully,feloniou(ly,
(uddenly, une/pectedly and treacherou(ly attack the latter &ith
a bolo, fir(t &ounding hi, onthe %ital part( of hi( body and
after&ard( hit hi, &ith (tone(, thereby inflicting
&ound( on the differentpart( of hi( body, thereby cau(ing the
direct and i,,ediate death of -i,,y A! .once(%alle(!0/cept for
*A"123 &ho &a( then at large, allthe brother( &ere
arraigned on 4 Augu(t 1995 and eachpleaded not guilty to the
charge! Trial then en(ued!Jimmys wife, VENER testified that at
about 1:00 p.m. on 2 Apri 1!!", she was inside her house with
the#hidren when she heard a heated ar$ument between her husband and
R%&R'(%. Jimmy was at that timedrin)in$ i*uor with their
nei$hbors R%&R'(%, Junio Vade+ and ,ien-enido (asser in front
of the attershouse. VENER went out, inter-ened in the ater#ation
between her husband and R%&R'(% and pa#ified thetwo. .ithout
min#in$ words, VENER tod her husband to stop drin)in$. Jimmy did
not say a word.VENER returned to her house. After some time, she
heard another *uarre in the offin$. /he peered out andsaw Jimmy and
R%&R'(% e0#han$in$ fist bows. /he inter-ened a$ain and when
both men #amy setteddown, she ed Jimmy ba#) home. 1here, she
prepared #offee and $a-e a #up to Jimmy. And whie Jimmywas *uiety
sippin$ from his #up, four of the (aspar brothers 2 R%3AN&%,
R%&R'(%, R%4E% and 5A4'3%suddenybar$edin.
Romeoinstantythrewabi$stoneat Jimmywhouponbein$hit
onthehead,immediatey sumped into a sittin$ position on the foor.
R%3AN&% bro)e the mirror of a dresser and used afra$ment of the
bro)en $ass to stab Jimmy in his eft tempe first and in the
different parts of the bodythereafter. 5A4'3%, who #arried a
foot6en$th boo, ha#)ed Jimmy. 1he three brothers R%4E%, 5A4'3%
andR%3AN&% then reentessy maued, ha#)ed and stabbed Jimmy.
R%&R'(% for his part ur$ed his brotherssayin$, 7(o ahead )i
him87 VENER be$$ed the brothers to stop the -ioent rampa$e whie
R%&R'(% hedher and $oaded his brothers into )iin$ Jimmy. A this
time 9AN1A3E%N and /'4%N were outside the house,near
thedoor.1hefour(asparbrothersonyetupinbeatin$
Jimmywhentheysensedthattheyhada##ompished their purpose. 1hey
abrupty eft. VENER assisted her battered husband to $et up from the
foor and ed him towards the )it#hen door throu$hwhi#h they wi $o
out to pro#eed to the hospita. ,ut 5A4'3%, R%3AN&% and
R%&R'(% suddeny and une0pe#tedy returned. 5A4'3% was sti armed
with his boo whie R%4E% was aready hodin$ a boo used for #hoppin$
meat. .ithout mu#h ado, 5A4'3% and R%4E% repeatedy and persistenty
ha#)ed and hewed Jimmy. VENER #oud ony pead for mer#y as
R%&R'(% restrained her from interferin$. .hen the atta#)
#eased, 5A4'3% tod R%&R'(%, 7.e aready )ied him7 to whi#h the
atter repied, 7'f he is aready )ied, you )i her ne0t.7 :pon hearin$
this, VENER who was sti #ryin$ e0tri#ated hersef from R%&R'(%s
arms and ran away. ,ut R%&R'(% #au$ht her outside the house. A
#ertain 'nso 9rani, howe-er arri-ed and re*uested R%&R'(% to
spare VENER sin#e she was but a woman. R%&R'(% et her $o and
she ran dire#ty to the poi#e station and reported the in#ident. ;er
husband died of 7#ardio-as#uar arrest se#ondary to irre-ersibe
sho#) se#ondary to se-ere hemorrha$e se#ondary to mutipe in#ise
wounds.7 /he spent 910,000 for the wa)e, buria and other reated
e0penses. ;er husband ae$edy earned about 91",000 a month as
tinsmith. ;e was but twenty6ei$ht years od. JENN< =Jimmys
youn$er sister> substantiay #orroborated VENERs testimony in
that she saw =1> 5A4'3% ha#) Jimmy with a boo, =2>
R%3AN&% stab Jimmy with a pie#e of bro)en $ass, =?> R%4E%
bo0 Jimmy and =@> R%&R'(% order his three brothers to )i
Jimmy. /he #aimed she was payin$ #ards with a nei$hbor when she
heard her nie#es #ryin$. /he immediatey went to her brothers house
and saw, whie she $athered her nie#es to safety, how the (aspar
brothers $an$ed up on Jimmy. /he re#aed howe-er that 9AN1A3E%N and
/'4%N were outside the house when the mauin$ too) pa#e.&r.
Jeanette 3a+atin re#ounted that as the former 4uni#ipa ;eath
%ffi#er of Vi#toria, 1ara#, she #ondu#ted a post6mortem e0amination
on the #ada-er of Jimmy. /he #onfirmed the findin$s in her medi#a
report that Jimmy sustained twenty =20> inAuries a of whi#h were
in most probabiity #aused by a sharp6ed$ed instrument. /he de#ared
that the fata wound was inAury no. B at the eft side of the head, a
7#res#ent6shaped in#ise wound, about 2 in#hes on$ at the eft
parieto6o##ipita area.7 /he dis#ounted the possibiity that any of
the wounds was #aused by a hard obAe#t or a pie#e of bro)en $ass as
she did not see any $ass fra$ment in the #ada-er. 1hree witnesses,
namey R%4E%, (oria Afonso (aspar and Afonsa (aspar testified that
at the time of the in#ident, they suddeny heard someone shout
7hiya.7 1heir attention naturay ri-eted to the pa#e where the#ry
#ame from and obser-ed Jimmy approa#h R%&R'(% from behind and
ha#) the atter with a boo whie he was drin)in$ with some nei$hbors
in front of the house of ,ien-enido (asser.(orias a##ount differed
from her husbands in #ertain detais. /he saw Jimmy not ony ha#)
R%&R'(% but aso beat him on the #hest and ba#). /he and her
husband immediatey pro#eeded near R%&R'(% before s#urryin$
towards the dire#tion of Rafaes house to see) his assistan#e.
A##used R%4E% witnessed ony the ha#)in$ and #aimed that sin#e he
#oud not stand the si$ht of bood and of Jimmy hodin$ a boo, he
immediatey ran away from the s#ene with his wife foowin$ at his
hees and sou$ht the hep of their nei$hbor Rafae to brin$
R%&R'(% to the hospita. R%4E% and (oria both #aimed that they
were sittin$ on the bamboo bed of Adefa Afonso =(orias mother>
when they saw the ha#)in$ in#ident. Afonsa (aspar, the mother of
the (aspar brood was remittin$ her saes of smo)ed fish to one Emi
9rani near the pa#e where her son R%&R'(% was drin)in$ when she
heard the shout 7hiya.7 /he oo)ed towards the dire#tion of the
shout and saw Jimmy ha#) her son who instanty #oapsed on the
$round. /he ost #ons#iousness. 1he ne0t thin$ she )new, she was
wa)in$ towards the 7tramo.7 /he stayed there #ryin$ untie-enin$
whie the peope tod her that R%&R'(% was #arried to the hospita
by Rafae and 9AN1A3E%N. /he then went to the house of Rafae and
waited for the trio to arri-e.Cour witnesses saw ony R%&R'(%
yin$ fa#e down on the $round. 1hey did not witness Jimmys ha#)in$
of R%&R'(%. 1hus:=1> Jeanette Afonso was in the house of her
mother6in6aw in the #ompany of R%4E% and his wife (oria when she
heard a thud. /he did not hear anythin$ before the thud but when
she turned, she saw R%&R'(% yin$ on the $round with Jimmy
behind him hodin$ a boo. /he fed and remained in the house of a
#ertain 4rs. 4ina. 21 =2> A##used 9AN1A3E%N was wa)in$ when he
saw and heard a #ommotion. ;e dashed towards the site of the
disturban#e and behed his brother R%&R'(% beedin$ fa#e down on
the $round. ;e tried to ift R%&R'(% but faied to do so. Rafae
arri-ed and heped 9AN1A3E%N in brin$in$ R%&R'(% to &r.
Vade+ #ini#. 22 =?> Adefa Afonso =R%4E%s mother6in6aw> #aimed
to ha-e seen 9AN1A3E%N #radin$ R%&R'(%. 1hereafter, she
a##ompanied her son6in6aw R%4E% in runnin$ away from the s#ene.
2?#hanrobes awibrary : rednad=@> A##used R%3AN&% was payin$
bas)etba at about @:00 p.m. on 2 Apri 1!!" when he noti#ed peope
s#amperin$ from the house of ,ien-enido (asser. ;e sprinted towards
the pa#e whi#h was about fifty ="0> meters from where he was
payin$ and behed his brother R%&R'(% spraw on the $round fa#e
downD bood oo+ed out from the ri$ht side of R%&R'(%s fa#e.
R%3AN&% aso saw Jimmy poise to stri)e his boo on the body of
the un#ons#ious R%&R'(%. R%3AN&% *ui#)y $rapped with Jimmy
for the possession of the boo and in the pro#ess, they roed down
the $round. As R%3AN&% and Jimmy tena#iousy hed on to the hande
of the foot6on$ boo to $ain soe #ontro thereof, they #ontinued to
ro on the $round unti they rea#hed the house of Jimmy, destroyin$
the $ate in the pro#ess. 2@ /ti stru$$in$ for the boo, they roed
inside the i-in$ room where R%3AN&% hit and bro)e a s*uare
mirror. 2" Jimmy $ripped the hande of the boo with histwo handsD
R%3AN&% #ut#hed at the same hande with his eft hand whie his
ri$ht hand $rasped the bade.2E Cinay, they were abe to stand up and
R%3AN&% e-entuay $ained possession of the boo as he per#ei-ed
Jimmy wea)en. 2F Athou$h enfeebed, Jimmy #ontinuousy bo0ed
R%3AN&% who used the boo instri)in$ and ha#)in$ the former for
se-era times. /a-e for the -ery minor bruises on his s)in,
R%3AN&% #ame out of the s)irmish uns#athed. 2B &r. Cred
Vade+ re#aed that he treated R%&R'(% when the atter was brou$ht
to his #ini#. ;e obser-ed thatR%&R'(%s inAuries #onsisted of 7a
a#erated wound about 10" #m. eft ower ip at the fu##a area, inside
the mouth7 and a 7deep abbraisa on the ower #onAun#ti-a e0tended to
the maar area of the fa#e.7 2! ;e opined that these wounds were
most probaby #aused by a bunt obAe#t or a fist bow and not by a
sharp instrument. ?0 ;e was #ertain that R%&R'(% was #ons#ious
and #oherent throu$hout the entire treatment.
?1#hanrobes-irtuaawibraryA##used /'4%N #aimed that he was at the
smo)e6fish fa#tory of %s#ar Afonso from 2 a.m. to E p.m. on 2 Apri
1!!". ;e went home at E p.m. ;e initiay testified that he earned
about the ha#)in$ in#ident from Rafae but #han$ed it ater and said
he earned it from Rafaes mother. ?2 ;e remar)ed that upon rea#hin$
home, he #han$ed #othes first before $oin$ out of the house. ;e saw
his mother #ryin$ at the rairoad but then Rafaes mother who was
sittin$ at her yard #aed and tod him of his brothers ha#)in$. ;e
thereafter #omforted his #ryin$ mother. ?? 1he prose#ution
thereafter presented %s#ar Afonso as rebutta witness a$ainst /'4%N
ony. ;e denied that /'4%N wor)ed at his smo)e6fish fa#tory on 2
Apri 1!!", a /unday, sin#e it was aways #osed on /undays. ?@ 'n the
meantime, 5A4'3% was arrested. ;e was finay arrai$ned on 1F January
1!!F. ;e too peaded not $uity to the #har$e. 1he /tate then re#aed
to the witness stand VENER and JENN ent his assistan#e in brin$in$
Jimmy to the hospita. ?! 'n assessin$ the #redibiity of the
witnesses, the tria #ourt #onsidered the testimonies of prose#ution
witnesses VENER and JENN< more #redibe, #on-in#in$ and
trustworthy as a$ainst the a-owas of the defense witnesses, for
three reasons. Cirst, it found impausibe R%&R'(%s story of
be#omin$ un#ons#ious after Jimmy ae$edy ha#)ed himD his wounds
whi#h were but 7superfi#ia and si$ht #oud not ha-e #aused him to
ose #ons#iousness.7 /e#ond, it per#ei-ed as 7unbeie-abe7 R%4E%s
theory of defense of reati-e sin#e he bore ony -ery minor bruises
despite des#ribin$ a -ery physi#a batte with Jimmy =wrestin$ for
the possession of the boo, #aspin$ the bade with the ri$ht hand,
roin$ towards the inside of the house of Jimmy, et#.>. Curther,
when he disabed Jimmy of the boo, there was no on$er any threat to
his ife yet he ha#)ed Jimmy for se-era times. 1hird, the tria #ourt
#onsidered as an indi#ation of $uit, 5A4'3%s fi$ht from the s#ene
of the #rime immediatey after the in#ident.#hanrobes -irtua
awibrary1he tria #ourt aso appraised VENER and JENN.1hus, in its
de#ision @0 of 1B June 1!!F, the tria #ourt therefore, a#*uitted
9AN1A3E%N, /'4%N and R%4E%on reasonabe doubt and #on-i#ted 5A4'3%,
R%3AN&% and R%&R'(%. 't found that trea#hery attended the
sayin$ of Jimmy when the three brothers returned to his house after
they had aready ha#)ed and eft him for dead. 1he tria #ourt
#on#eded that 7at GthatH point, GJimmy wasH no on$er in a position
to defend himsef or pose a threat to the a##used.7 't aso beie-ed
the testimonies of the prose#ution witnesses that R%&R'(%
in#ited 5A4'3% and R%3AN&% into #hoppin$ and beatin$ Jimmy thus
estabishin$ the presen#e of #onspira#y amon$ and between said
brothers. 1he tria #ourt then appre#iated the attenuatin$
#ir#umstan#e of immediate -indi#ation of a $ra-e offense but
assessed that this was offset by the a$$ra-atin$ #ir#umstan#e of
dwein$. 1he dispositi-e portion @1 reads as foows:#hanrob1es -irtua
1aw ibrary.;EREC%RE, the 5ourt finds the a##used Rodri$o (aspar,
Roando (aspar, and 5amio (aspar $uity of the #rime of murder
defined and penai+ed under Arti#e 2@B of the Re-ised 9ena 5ode, as
amended by R.A. FE"! and are hereby senten#ed to suffer the penaty
of reclu(ion perpetua, with a a##essory penaty Gsi#H imposed by aw
and to indemnify the heirs of Jimmy Ron#es-aes in the amount of
C'C1< 1;%:/AN& 9E/%/=9"0,000.00> as a#tua dama$es and to
pay the #osts.#hanrobes -irtua awibrary1he a##used /imeon (aspar,
9antaeon (aspar and Romeo (aspar are hereby a#*uitted./%
%R&ERE&.R%&R'(%, R%3AN&% and 5A4'3% now appea the
aforestated de#ision #on-i#tin$ them of murder and assi$n as errors
of the tria #ourt the =1> reAe#tion of R%&R'(%s denia of not
ony his responsibiity for the death of Jimmy but aso of any
)nowed$e of the e-ents pertainin$ to su#h sayin$, =2> disre$ard
of R%3AN&%s #aim of defense of reati-e and sef6defense
#onsiderin$ that the re*uisites for the same were #ompied with,
=?> dismissa of 5A4'3%s aibi and denia, and =@> the
a##eptan#e of the #ontradi#tory and #onfi#tin$ testimonies of VENER
and JENN< as #redibe and trustworthy..e now reso-e the issues
raised.R%&R'(% postuates that he was un#ons#ious, hen#e unaware
of the #ir#umstan#es that ed to Jimmys demise. 'n effe#t, he denies
his presen#e at the s#ene of the #rime and his parti#ipation
thereof. ;is e-identiary bases in#ude the attestations of =1>
three defense witnesses who #aimed to ha-e seen Jimmy stru#)
R%&R'(% with a boo from behind and =2> si0 other defense
witnesses who i)e the first three witnesses behed R%&R'(% yin$
on the $round fa#e down. 1he tria #ourt howe-er, did not beie-e
that R%&R'(% was un#ons#ious. /o do we. ,ut the tria #ourt
faied to #ate$ori#ay ma)e a fa#tua findin$ that Jimmy ha#)ed
R%&R'(%, and yet parado0i#ay, @2 referred to said episode as a
miti$atin$ #ir#umstan#e of immediate -indi#ation of a $ra-e
offense. @? 1his 5ourt howe-er, oppu$ns the -era#ity of this
-ersion of the defense.#hanrobes-irtuaIawibrary1he unassaied e0pert
testimony of &r. Vade+ on the nature and e0tent of R%&R'(%s
wounds re-eaed that:R%&R'(%s wounds were but superfi#ia, si$ht,
and insi$nifi#ant whi#h re*uired no spe#ia medi#a attention or
hospitai+ation and hen#e, they #oud not ha-e #aused R%&R'(% to
ose #ons#iousnessD the heain$ periodwas for ess than nine =!>
daysD @@ and that the wounds were not and #oud not ha-e been
infi#ted by a sharp instrument i)e a boo but in most i)eihood deat
by a fist pun#h. 'n a probabiity, R%&R'(%s wounds as assessed
by the do#tor beied the story of the defense but they #orresponded
to VENERs a##ountthat =1> Jimmy and R%&R'(% were en$a$ed in
a fist fi$ht prior to the ha#)in$ by the (aspar brothers and that
=2> R%&R'(% was in fu #ommand of his senses when he ur$ed
his brothers to stri)e Jimmy and pre-ented VENER from pro-idin$ any
assistan#e or interferin$ with the sau$hter. 1ruth is therefore
estabished in this #ase not by the number of witnesses but by the
*uaity of their testimonies, @" for in determinin$ the -aue and
#redibiity of e-iden#e, the witnesses are to be wei$hed not
numbered. @E Curther, a positi-e testimony or an affirmati-e
testimony is far stron$er that a ne$ati-e testimony, espe#iayso
when it #omes from a #redibe witness. @F 9ositi-e testimony pre-ais
o-er the defenses aibi. @B 'n otherwords, denias and aibis
unsubstantiated by #ear and #on-in#in$ e-iden#e are ne$ati-e and
sef6ser-in$ whi#h deser-e no wei$ht in aw and #annot be $i-en
$reater e-identiary wei$ht o-er testimonies of #redibe witnesses
who testified on affirmati-e matters. @! 1he probabiity that Jimmy
ha#)ed R%&R'(% is further diminished by the un#anny simiarity
in the beha-ior and attitude of most of the defense witnesses. .hie
there is no standard form of human #omportment whenone is
#onfronted by a startin$, stran$e or fri$htfu o##urren#e and there
is no uniform measure by whi#h witnesses to a #rime may rea#t, "0
the defense witnesses, most of whom are reati-es of R%&R'(%
howe-er, beha-ed in a disturbin$y simiar fashion. R%4E% and his
wife (oria fed upon witnessin$ Jimmys ae$ed ha#)in$ of R%&R'(%.
1hey did not hep R%&R'(% and passed the bu#) of assistin$ their
prostrate reati-e to a nei$hbor, Rafae. (rantin$ that R%4E% was
reay afraid of bood, her wife offered no simiar e0#use. 1hey did
not e-en foow R%&R'(% to the #ini#. R%&R'(%s mother for her
part was sho#)ed by what she saw hen#e it was but natura that she
#oud not ha-e heped her son. ,ut when she re#o-ered her e*uanimity,
she did not foow her son to the hospita nor appeared interested in
)nowin$ the whereabouts of his son. R%&R'(%s sister6in6aw
An$eita saw R%&R'(% spraw on the $round from the window of her
mothers house. ,ut she did not offer hep. /he did not e-en te her
husband =Rodri$os brother 5A4'3%> about the in#ident. Adefa
Afonso, R%4E%s mother6in6aw saw R%&R'(% on the $round but
instead of hepin$ him, she #hose to a##ompany R%4E% in feein$ from
the s#ene. /'4E%N earned that R%&R'(% wasae$edy ha#)ed but he
=/'4E%N> did not in*uire about R%&R'(%s whereabouts and
#ondition. ;e was not outra$ed and appeared unperturbed when he
earned of the $rim e-ents. .itness 9rani admitted that R%&R'(%
was his 7)umpadre7 but he did not hep R%&R'(% whom he saw yin$
fa#e down on the pa-ement, yet he did not hesitate to assist Jimmys
father in brin$in$ Jimmy to the hospita. "1 't seems unusua, e-en
bi+arre, that $i-en the #ose6)nit famiia ties of Ciipinos, the
mother, brothers, reati-es by #onsan$uinity and affinity and
7)umpadre7 of R%&R'(% not ony appeared reu#tant to offer him
aid and e0press their #on#ern, they e-en e0hibited su#h #od and
distant indifferen#e to his supposed misfortune. 5ontrast this with
the de#arations of VENER and JENN< that the (aspar brothers
#osed in fraterna ran)s in mauin$ Jimmy. 1his #ondu#t fairy
portrayed, abeit to the e0treme and in a ne$ati-e way, the typi#a
Ciipino famiy and sibin$ #oseness. 1his 5ourt therefore suspe#ts
the truthfuness of the testimonies of the defense witnesses but
finds the same au$mentin$ the truthfuness of the prose#utions
tae.#hanrobes-irtuaIawibrary'n i$ht of this dis#ussion,
R%3AN&%s fantasti# narration of defense of reati-e and in this
appea, the assertion of sef6defense assume #omi#a tri-iaity. 'f
Jimmy did not ha#) R%&R'(%, R%3AN&%s defense of reati-e and
sef6defense be#ame non6se*uiturs for the first re*uisite for both 2
unawfu a$$ression on the part of the -i#tim 2 was not #ompied with.
:nawfu a$$ression is a #ondition sine *ua non to a su##essfu
in-o#ation of sef6defense and defense of reati-e or a stran$er. "2
/o, e-en if we a##ept as possibe the outandish tae of R%3AN&%,
the se#ond eement for both sef6defense and defense of reati-e,
namey, reasonabe ne#essity of the means empoyed to pre-ent or repe
the a$$ression, is sti soury a#)in$. 1he threat to R%3AN&%s ife
and imb #eased when he obtained soe possession of the boo.
1herefore, R%3AN&%s persistent ha#)in$ of Jimmy to repe ae$edy
the atters #ontinuous feebed and ineffe#tua pun#hes remained
unAustified and unreasonabe. Curther, R%3AN&% refuted his own
ar$ument that the a$$ression #ontinued be#ause Jimmy )ept on
pun#hin$ him with his obser-ation that the atter was aready wea),
thus:#hanrob1es -irtua 1awibraryJ And after the mirror fe on you,
you were abe to $et possession of the booKA VENER faied to share
JENN JENN the empoyment of means of e0e#ution that $i-es the person
atta#)ed no opportunity to defend himsef or retaiateD and =2>
the means of e0e#ution were deiberatey or #ons#iousy adopted.
E@#hanrobes-irtuaawibrary1he tria #ourt is #on-in#ed that trea#hery
was not present at the onset of the assaut intimatin$ that Jimmy
was in a position to a-ert it and prote#t himsef. .e are not
persuaded. A #arefu re-iew of the re#ords dis#osed that there was
aready trea#hery when R%&R'(%, 5A4'3%, R%4E%, and R%3AN&%
une0pe#tedy intruded into the residen#e of the Ron#es-aes. 1he four
(aspar brothers immediatey #ommen#ed their #on#erted atta#) upon
Jimmy who was obi-ious to their mae-oent intention as he was simpy
drin)in$ #offee. 1he four (aspar brothers $an$ed up on him with
Rodri$o infamin$ the brothers apparent reso-e to harm Jimmy by
repeatin$ the words, 7(o ahead, )i him87 Jimmy had no #han#e to
defend himsef. ;e was simpy o-erwhemed by the swiftness of the
atta#) and the superiority in the number of the atta#)ers. 'ndeed,
the (aspar brothers #ons#iousy and deiberatey empoyed means of
e0e#ution whi#h $a-e Jimmy no opportunity to defend himsef. 1he
trea#hery was e-en more #onspi#uous on the se#ond phase of the
atta#) when after ea-in$ Jimmy amost dead, 5A4'3% and R%3AN&%
returned to Jimmys house and armedwith boos ha#)ed, hewed and
#hopped the hepess and defenseess Jimmy. R%&R'(% pre-ented
VENER from aidin$ her husband. 1hus, the three brothers ensured the
a##ompishment their e-i purpose.Crom this, #onspira#y #an aso be
readiy $eaned. 5A4'3%, R%&R'(% and R%3AN&% ea#h performed
o-ert a#ts whi#h were dire#t or indire#t #ontributions to the
e0e#ution of the #rime thus panned and transparent manifestations
of their Aoint purpose, desi$n, #on#erted a#tion and #ommunity of
intent of infi#tin$ harm and inAury upon Jimmy. E" 1he a$$ra-atin$
#ir#umstan#e of dwein$ was aso ri$htfuy estabished with the ob-ious
fa#t that Jimmy was purposey assauted in his
residen#e.#hanrobes-irtuaawibrary.e disa$ree howe-er, with the tria
#ourts appre#iation of the miti$atin$ #ir#umstan#e of immediate
-indi#ation of a $ra-e offense in -iew of the doubt we aready
e0pressed that Jimmy ha#)ed R%&R'(%. 1his wi not affe#t howe-er
the penaty imposed #onsiderin$ the attendan#e of the *uaifyin$
#ir#umstan#e of trea#hery.%n a fina note, we obser-e that the tria
#ourt did not award the amount of 910,000 disbursed by VENER forthe
wa)e and buria e0penses. 1he amount was ampy supported by re#eipts
and shoud be awarded. 1he tria #ourt was #orre#t howe-er, in not
awardin$ #ompensation for oss of in#ome in -iew of the absen#e of
proof that su#h dama$e was suffered and of the de#easeds i-in$
e0penses. EE .;EREC%RE, in -iew of a the fore$oin$, the instant
appea is &'/4'//E& and Aud$ment is hereby renderedACC'R4'N(
the 1B June 1!!F de#ision of the Re$iona 1ria 5ourt, ,ran#h E?,
1ara#, 1ara#, findin$ herein a##used6appeants Roando (aspar, 5amio
(aspar and Rodri$o (aspar $uity beyond reasonabe doubt of the #rime
of murder and senten#in$ ea#h to suffer the penaty of reclu(ion
perpetua and to indemnify the -i#tim in the sum of 9"0,000, with
the modifi#ation that buria e0penses in the amount of 910,000 shoud
beadditionay awarded.#hanrobes-irtuaIawibraryNo pronoun#ement as to
#osts./% %R&ERE&
