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DECISION
I.
THE CHARGE
Accused Jean Paul Bebe Francisco was charged with homicide by the
Cebu City Prosecutors Office in an Information filed on November 5, 1994,
the accusatory portion of which reads:
That on or about the first (1st) day of November
1994, in the City of Cebu, Philippines, and within the
jurisdiction of this Honorable Court, the above-named
accused, armed with a bladed weapon, with intent to kill,
did then and there willfully, unlawfully and feloniously
attack, assault and stab one Justtine Gastardo, thereby
inflicting upon him a wounds one of which was fatally
inflicted and which directly caused his death.
CONTRARY TO LAW.
Accused Jean Paul Bebe Francisco is a Filipino, 25 years old, single
and a resident of Sudlon, Lahug, Cebu City. The crime was committed in
Sudlon, Lahug, Cebu City and is subject to the jurisdiction of the Honorable
Court.
The Information for Homicide was filed on November 5, 1994 before
the Regional Trial Court of Cebu City. The case was raffled to Regional Trial
Court, Branch 58 Cebu City, Cebu on the same day, November 5, 1994. A
warrant of arrest was issued on November 6, 1994 against the accused. On
November 9, 1994, Jean Paul Bebe Francisco appeared before the Court to
submit himself under its jurisdiction.
The accused, Jean Paul Bebe Francisco, and the deceased, Justtine
Gastardo are neighbors. The following were taken from the testimony of one
of the prosecutions witness, Richard Collantes:
In the afternoon November 1, 1994, the two were in the
backyard of one Richard Collantes who was also their neighbor.
The three were preparing their fighting cocks and had it
conditioned for a big derby the following day. At around 5:30 in
the afternoon of the same day, the three decided to have a few
drinks. During the course of their drinking, Francisco and
Gastardo started a debate as to who between them is the better
breeder and whose fighting cock will win the derby.
At around 7:30 pm, they were able to finish an entire
case of beer. Thus, Collantes decided to leave the two to fetch
some more beer for them inside his house which was just ten
meters away. While inside his house, he could hear Francisco
and Gastardo seemingly arguing but would then burst into a
loud laughter after a few moments. Collantes came back with
another case of beer but left them again to answer the call of
nature. He proceeded to the woods nearby, approximately 15
meters away from the spot where he left the two. While he was
doing his business, he heard Francisco shout Boang ka
animal and Gastardo exclaim Ayaw bai. Thinking that the
two were still debating, Collantes continued answering the call
of nature and then went to wash his hands thereafter. While
washing his hands, he heard their neighbors, Richard Mier,
scream. Alarmed, he rushed to where the scream was and found
Gastardo lying and unconscious with a tari (sharp razor blade
attached to the legs of fighting cocks) still stuck in his
abdomen, a couple of meters away from Gastardo was Mier
who was hysterically screaming. Francisco was nowhere to be
found. Collantes and Mier then brought Gastardo to their
barangay hall and was brought to Perpetual Succour using the
barangays emergency vehicle. When they were already in the
hospital, Gastardo was pronounced dead on arrival because of
III.