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[UDK-12724.November 29, 1999]
PEOPLE vs. PEDRO MONDIJAR
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated NOV 29, 1999.
UDK-12724(People of the Philippines vs. Pedro Mondijar y Gallares.)
On May 4, 1999, the Regional Trial Court, Branch 49 in Cataingan, Masbate, forwarded to this Court, its records and judgment in Criminal Case 812 for MURDER entitled People of the Philippines versus PEDRO MONDIJAR y GALLARES.
Gallares was charged in an information, as follows:
"That sometime on February 26, 1994 at about 6:30 o'clock in the evening more or less, at Barangay Domorog, Municipality of Cataingan, Province of Masbate, Philippines, within the jurisdiction of this Honorable Court, above-named accused with intent to kill, evident premeditation, treachery, did there and then willfully, unlawfully and feloniously, attack, assault, stab, hack, with the use of a sharp and pointed bolo, one PAMFILO APLACADOR, hitting him at the different parts of his body which was the direct and logical cause of his instantaneous death.
"CONTRARY TO LAW."
The accused who was at the time of the incident already seventy nine (79) years old, invoked self defense, claiming that the victim attacked and tried to stab him twice which he successfully parried and escaped. In self-defense, he hacked the victim, unsure of whether he had injured or killed the latter. However, the autopsy report indicated a "hacking wound" in the area of the neck which separated the head from the torso of the victim. An eyewitness testified that he saw the gory killing.
In its Decision, promulgated March 17, 1999, the trial court sentenced the accused to reclusion perpetua, concluding that:
"The crime committed by the accused is murder defined and penalized under Art. 248 of the Revised Penal Code, as amended. Under the present law, the crime of murder is punished by reclusion perpetua to death if committed with any of the following attendant circumstances:
'1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means in weaken the defense or of means or persons to insure or afford impunity.
2. xxx�� xxx
3. xxx�� xxx
4. xxx�� xxx
5. With evident premeditation.
6. With cruelty, xxxxxx xxx.' (Rep. Act. 7659, sec. 6 thereof, amending Art. 248 of the Revised Penal Code).
The death penalty law took effect on January 1, 1994. This heinous crime was committed on February 26, 1994. Under the Code, when there is more than one aggravating circumstance present in the commission of the crime, the greater penalty shall he applied. (Art. 63, par. 2 (1) of the Revised Penal Code.)
The killing of the victim with several mortal wounds on the body by the use of a sharp 36-inch long bolo (minasbad) inflicting multiple wounds on the neck through and through resulting in the separation of the head from the torso about several arms length apart is indubitably brutish and barbaric. The way the killing was done is undoubtedly abominable.
ACCORDINGLY, the court finds the accused Pedro Mondijar guilty beyond reasonable doubt of the crime of MURDER and hereby imposes upon him the penalty of DEATH and shall indemnify the legal heirs the amount of P50,000 for the death of Pamfilo Aplacador, P30,000 for moral damages and P20,000 for exemplary damages.
Considering the age of the accused (over 70 years), pursuant to Sec. 25 of R.A. 7659, he is therefore entitled to a suspension of the execution of his death Sentence (in case the herein death sentence is affirmed by the Honorable Supreme Court), thus, the death sentence shall be commuted to the penalty of reclusion perpetua with all the accessory penalties under the code.
With costs de officio.
Cataingan, Masbate, March 17, 1999."
Considering that the actual penalty imposed as commuted is reclusion perpetua, we required on August 25, 1999, the Branch Clerk of Court of Branch 49, in Cataingan, Masbate, to inform this Court if there is on record a notice of appeal or an oral manifestation to appeal from the judgment of conviction. He replied in the negative.
IN VIEW OF THE FOREGOING CIRCUMSTANCES. Accused-convict PEDRO MONDIJAR Y GALLARES through counsel IS HEREBY REQUIRED TO MANIFEST to the Court, within fifteen (15) days from notice hereof, WHETHER OR NOT HE IS APPEALING HIS CONVICTION OF THE CRIME OF MURDER FOR WHICH THE SENTENCE OF RECLUSION PERPETUA was actually imposed on him in the JUDGMENT DATED MARCH 17, 1999, by the Regional Trial Court of Cataingan, Masbate, Branch 49.
LET A COPY OF THIS RESOLUTION BE SERVED on all the parties, including the PAO, Cataingan, Masbate; the Director, Bureau of Corrections; and the Office of the Solicitor General.
Very truly yours,
(Sgd.) TOMASITA M. DRIS
Clerk of Court
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