Philippine Supreme Court Jurisprudence > Year 1995 > March 1995 Decisions > G.R. No. 80225 March 31, 1995 : PEOPLE OF THE PHIL. vs. JOSE SOLDAO, ET AL.:

ROMERO, J.:

The twenty-year old Bernardo "Benny" Arellano went to a store to quench his thirst and ended up dead with four stab wounds, eight to eleven inches deep each.

Three of the seven accused have been arrested, tried, convicted and sentenced to reclusion perpetua for murdering the above victim. 1 Jose Soldao, Camilo Zuñiga, Benigno Zuñiga and Narciso Zuñiga remain at-large. 2

In this appeal, they contend that self-defense should have been appreciated in favor of accused-appellant Jorge Soldao and that the trial court erred in ruling that the accused-appellants acted in conspiracy attended by treachery and evident premeditation.

The information filed against the accused reads:nadchanroblesvirtualawlibrary

"The undersigned hereby accuses JORGE SOLDAO y ANGELES, alias "Jorge", JOSE SOLDAO, TOMAS DELA CRUZ, ROGELIO VALENCIA y NAVARRO, alias "Yong", CAMILO ZUÑIGA, NARCISO ZUÑIGA, and BENIGNO ZUÑIGA of the crime of MURDER, committed as follows:nadchanroblesvirtualawlibrary

That on or about the 12th day of April 1985, in barangay Salomague Sur, municipality of Bugallong, province of Pangasinan, New Republic of the Philippines and within the jurisdiction of this Honorable Court, the above-named accused Jorge Soldao y Angeles, Jose Soldao, Tomas dela Cruz and Rogelio Valencia, conspiring, confederating and helping each other, armed with knives, with intent to kill, with treachery and evident premeditation, did then and there, wilfully, unlawfully and feloniously attack and stab Bernardo Arellano @ "Benny" inflicting upon him the following injuries:nadchanroblesvirtualawlibrary

External Findings:nadchanroblesvirtualawlibrary

— Chest — (1) Stab wounds over the left lower aspect of

the left breast with extremeties 1 1/2 inches

long penetrating and about 9-10 inches

deep.

(2) Stab wounds along the anterior aspect of

axilla shallow and with extremeties 1/2

inch long.

(3) Stab wounds over the left side of the chest

penetrating with 1 1/2 long, gaping and

about 10-11 inches deep.

— Back — (1) Stab wound over the left side of the back,

penetrating with extremeties 1 1/2 inches

long, gaping and about 8-10 inches deep.

— Extremeties: Left Arm: (1) There are two (2) puncture

wound on the left arm with extremeties

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