Facts: The accusatory portion in the information for murder. Facts are as follows:
"That sometime in the evening of the 28th of January, 1980, at Nagbinlod, Municipality of Sta. Catalina, Province of Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, the accused, including several 'John Does', conspiring and confederating with one another, with intent to kill, and with treachery and evident premeditation and being then armed with bolos and 'pinuti', did then and there willfully, unlawfully and feloniously attack, assault and use personal violence on the person of one Rizalina Apatan Silvano while the latter was about to leave her house and inflicting upon her injuries, to wit: 'right leg amputated below the knee; left leg hacked behind the knee; abdomen hacked with viscerae evacerated,' and did then and there set the house on fire while the aforementioned Rizalina Apatan Silvano was inside said house trying to escape therefrom, and allowing her to be burned inside said house which was burned to the ground, thereby causing upon said Rizalina Apatan Silvano her death and burning her beyond recognition.
But on 16 May 1987, a fire gutted the building where Branch 37 was located and the records of these two cases were burned. The records were subsequently reconstituted upon petition of the prosecuting fiscal. The testimonies of the witnesses were retaken, however, before it could commence, accused Engracio Valeriano jumped bail and the warrant for his arrest issued on 16 November 1987 was returned unserved because he could not be found. An alias warrant for his arrest was issued on 26 June 1989, but he remains at large up to the present.
After the completion of the re-taking of the testimonies of the witnesses in Branch 37, Criminal Cases Nos. 4584 and 4585 were re-raffled to Branch 33 of the trial court, then presided over by Judge Pacifico S. Bulado.
The decision of the trial court, per Judge Pacifico S. Bulado, dated 31 October 1991 but promulgated on 20 December 1991, contained no specific dispositive portion. Its rulings are found in the last two paragraphs which read as follows:
"The elements of murder in this case, Criminal Case No. 4585 for the killing of Rizalina Apatan-Silvano having been proved by the prosecution beyond doubt, the accused JUANITO RISMUNDO, MACARIO ACABAL and ABUNDIO NAHID, considering the attendant qualifying aggravating circumstances of nighttime, use of fire by burning the house of victim Rizalina Apatan-Silvano in order to forcibly drive her out of her house and hack her to death, the abuse of superior strength, the penalty impossable [sic] here will be in its maximum degree, that is reclusion perpetua taking into account Article 248 of the Revised Penal Code, the penalty now for murder is Reclusion Temporal to Reclusion Perpetua, and for all the accused to indemnify the heirs of the victim the sum of Thirty Thousand (P30,000.00) Pesos since this case occurred [sic] in 1980. For the wounding of the victim Wilson A. Silvano, this Court believes that simple frustrated homicide only is committed by the accused Engracio Valeriano only.
But since the person who actually inflicted the injuries of victim Wilson Silvano, accused Engracio Valeriano only is nowhere to be found, hence, not brought to the bar of justice, he being a fugitive or at large, no penalty could be imposed on him since he is beyond the jurisdiction of this court to reach. All the other two (2) accused, JUANITO RISMUNDO and ABUNDIO NAHID are hereby ordered and declared absolved from any criminal responsibility from frustrated homicide.
The bail bond put up by the three accused, namely: Juanito Rismundo, Macario Acabal and Abundio Nahid are hereby ordered cancelled and let a warrant of arrest be issued for their immediate confinement."
Issues:
(1) Whether or not the judgment complied with the Rules of Court.
(2) Whether or not the cancellation of the bail bonds of the accused is valid.
(3) Whether or not the accused may be tried in absentia.
(4) Whether or not the accused is guilty of the crime of frustrated murder.
Held: We find that the decision substantially complies with the Rules of Court on judgments as it did sentence the accused-appellants to reclusion perpetua. A judgment of conviction shall state (a) the legal qualification of the offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances attending the commission, if there are any; (b) the participation of the accused in the commission of the offense, whether as principal, accomplice or accessory after the fact; (c) the penalty imposed upon the accused; and (d) the civil liability or damages caused by the wrongful act to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate action has been reserved or waived.
It is obvious that they clearly understood that they were found guilty beyond reasonable doubt of the crime of murder and were sentenced to suffer the penalty of reclusion perpetua in Criminal Case No. 4585. Were it otherwise, they would not have declared in open court their intention to appeal immediately after the promulgation of the decision and would not have subsequently filed their written notice of appeal.
Accused-appellants contend that the trial court did not impose any sentence and so cannot cancel anymore their bail bonds and direct their arrest and immediate commitment because it already lost jurisdiction over their persons when they perfected their appeal.
The decision did impose the penalty of reclusion perpetua. Since the order cancelling their bail bonds and directing their arrest is contained in the decision itself, it is apparent that their abovementioned contention is highly illogical. At the time the order in question was made, the trial court still had jurisdiction over the persons of the accused-appellants.
The trial court further erred in holding that no penalty could be imposed on accused Engracio Valeriano in Criminal Case No. 4584 because he "is nowhere to be found, hence, not brought to the bar of justice, he being a fugitive or at large." The court ignored the fact that Engracio jumped bail after he had been arraigned, just before the retaking of evidence commenced. Paragraph (2), Section 14, Article III of the Constitution permits trial in absentia after the accused has been arraigned provided he has been duly notified of the trial and his failure to appear thereat is unjustified. One who jumps bail can never offer a justifiable reason for his non-appearance during the trial.
Accordingly, after the trial in absentia, the court can render judgment in the case and promulgation may be made by simply recording the judgment in the criminal docket with a copy thereof served upon his counsel, provided that the notice requiring him to be present at the promulgation is served through his bondsmen or warden and counsel.
In conclusion, because of reasonable doubt as to their guilt, the accused-appellants must be acquitted. Every accused is presumed innocent until the contrary is proved; that presumption is solemnly guaranteed by the Bill of Rights. The contrary requires proof beyond reasonable doubt, or that degree of proof which produces conviction in an unprejudiced mind. Short of this, it is not only the right of the accused to be freed; it is even the constitutional duty of the court to acquit him.
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