Both Ilustrisimo and Benitez appealed and in this Court filed separate briefs in which they basically fault the Trial Court with having failed to acquit them on reasonable doubt, contending that the evidence adduced against them was inadequate to establish their guilt of the crime.

The Trial Court accepted the version of the occurrence depicted by the testimony of the prosecution's two (2) eyewitnesses Arnold Diones (a relative of the deceased and the appellant) and Armando Andra (the victim's uncle), as corroborated by the evidence given by (a) Gonzalo Andra (the victim's father) — who deposed about the decedent's dying declarations, (b) Dr. Jose C. Yap — who testified about the post-mortem examination conducted on the cadaver of Ferdinand Andra, (c) Eleuterio Andra-who testified about the appellants prior declarations to do away with Ferdinand Andra, and (d) Pat. Efren Andra and Pat. Ricardo Huerto, the arresting and investigating pohce officers.

The evidence given by these witnesses, in the Trial Court's view, amply demonstrated the material facts and established the appellants' guilt of murder beyond reasonable doubt. Following is the narration of the facts thus proven, according to the Court a quo:

1. In the evening in question, Arnold Diones saw Romeo Ilustrisimo in a dark place in an alley at Barangay Sapang, Ternate, Cavite, where he was shortly joined by Francisco Benitez, Jr. who wore nothing from the waist up, and Rodante Cesar. Diones, who was only about three (3) meters away, heard Francisco Benitez say to the others, "You hold him, and I'll be the one who will stab."

2. A few minutes later, Ferdinand Andra came out of his house and was invited by "Jimmy" Benitez to have some drinks at the house of a rertain Andy Angeles. Ferdinand agreed, and they all began to walk down the alley until they came to a coconut tree which was about seven (7) meters away from where Armando Andra (Ferdinand's uncle) was talking with one Pedro Piliin.

3. At that point, Ilustrisimo suddenly grabbed Ferdinand's right arm and twisted it, while Rodante Cesar grabbed Ferdinand by the shoulder. Francisco Benitez thereupon stabbed Ferdinand twice with a kitchen knife. Ferdinand struggled and shouted for help but after being stabbed, fell to the ground. All this was being watched by the witness, Diones, who also cried out, "Saklolo, sinaksak si Kuya Ding!"

4. Armando Andra, who as above stated was talking with Pedro Piliin, heard Ferdinand's shout, "Huwag ninyo akong patayin; Lolo, tulungan po ninyo ako, sinasaksak po ako nina Jimmy Benitez." With Pedro Piliin, Armando at once rushed to the place and saw Francisco Benitez stab Ferdinand twice while the latter was being held by Romeo Ilustrisimo and Rodante Cesar. Benitez then saw Annando and Pedro Piliin and shouted, "Takbo, Kuya Romy, may tao." The three assailants fled.

According to Armando Andra, the scene was well illumined by a bright moon and by the lights streaming out from his house and that of Eleuterio Andra — grandfather of both Ferdinand, the victim, and Jimmy Benitez, the latter's attacker.

5. Armando Andra went to Ferdinand, who was lying face down on the ground, turned him over and cradled his head in his lap. When Ferdinand's parent, Lilia Diones and Gonzalo Andra, arrived not long afterwards, they all brought Ferdinand to the hospital, in a Ford "Fiera."

6. Gonzalo Andra, Ferdinand's father, heard Arnold Diones' cry that Ferdinand was stabbed. Gonzalo was on his way to the house of his own father (Eleuterio Andra). He hurried to the place and saw his bleeding son, lying on the ground in the embrace of his uncle, Armando Andra.

7. On the way to the Grace Hospital, Ferdinand told his father, Gonzalo, "Itay, ang sumaksak po sa akin, si Jimmy Benitez po, at pinilipit naman po ang aking kamay nina Romeo Ilustrisimo at Rodante Cesar." This statement Ferdinand repeated to his father on the second day of his confinement at the hospital. Ferdinand died on June 26, 1980. His father, Gonzalo, had to pay the hospital bill in the amount of P5,090.70, and the funeral expenses in the sum of P3,000.00. He also had to pay attomey's fees in the sum of P20,000.00 and additional fees of P400.00 per appearance.

8. Dr. Jose C. Yap, Director of Grace Hospital, confirmed that Ferdinand had indeed sustained two (2) stab wounds, in the back and in the abdomen, that he was treated at the hospital for said wounds but nevertheless died four (4) days later due to cardiorespiratory failure, secondary to septicemia, on account of his wounds, and peritonitis.

9. It appears that three (3) days before the killing of Ferdinand (on July 18, 1980, to be precise), Eleuterio Andra — the grandfather of both the victim and Jimmy Benitez — had come upon Jimmy Benitez, Romeo Ilustrisimo and Rodante Cesar drinking in the house of Lauro Angeles, and had heard part of their conversation. He heard the following utterances: of Jimmy, "Napalaki ang atraso sa akin niyang si Ferdinand;" of Romeo, "Banatan mo at ako ang bahala;" and of Rodante, "Banatan mo, pare, sa buhay at kamatayan, hindi kita pababayaan." He saw them again drinking in the same place two days later (the day before the slaying), and overheard Rodante Cesar say, "Ituloy ang balak." Eleuterio had told all this to Gonzalo Andra, Ferdinand's father. The latter told him not to worry as he would take care of the matter.

10. Only Romeo Ilustrisimo was arrested and taken into custody on the night of the murder. Francisco (Jimmy) Benitez, Jr. and Rodante Cesar could not be found; they had gone into hiding. Benitez was not arrested until December, 1984, some three and half years later. Rodante Cesar remains at large to this day.

In an attempt at exculpation, Jimmy Benitez put up the claim of self-defense. His testimony is that shortly before the killing, he was accompanying his brother-in-law, Romeo Ilustrisimo, who was on his way to the house of Andy Angeles to hire a vehicle to take him to the airport. They met Rodante Cesar and Ferdinand Andra, who decided to go with them. They stopped at Rodante Cesar's home because he wanted to tell his wife where he was going. Ferdinand suggested that Romeo wait for Rodante, while he and Jimmy Benitez went on ahead to Andy Angeles' place. As Jimmy and Ferdinand proceeded to walk to their destination, the latter suddenly addressed the former in an angry tone, "Ang tigas ng ulo mo, binalaan na kita," at the same time drawing a knife with which he tried to stab Jimmy. Jimmy grabbed Ferdinand's hands and they fought for possession of the knife. In the struggle, Ferdinand was hit with his own knife. They both fell, and rolled around on the ground, still grappling. Romeo Ilustrisimo and Rodante Cesar came at this point and forthwith separated them. The protagonists thereupon both ran away in different directions.

Jimmy told the Court that Ferdinand had attacked him probably because the latter's sister is his sweetheart, and Ferdinand resented this. After the fight, he had gone into hiding in the mountains of Bulacan on advice of his parents; they were all fearful that Ferdinand's uncle, a policeman, might kill him, to avenge his nephew's death. He surrendered to Governor Remulla in December, 1984.

Romeo Ilustrisimo, Jimmy's brother-in-law, testified that he had nothing to do with Ferdinand's killing. The fight took place only between Ferdinand and Jimmy. In fact, the first inkling he had that there was such a fight was when he and Rodante Cesar came on the scene and saw the two rolling on the ground, grappling. Romeo and Rodante forthwith separated the two whereupon the latter ran off in different directions. Not having noticed any injury on either Ferdinand or Jimmy, Romeo had continued on his way to Andy Angeles' house because, as already stated, he needed to hire a vehicle as he was leaving very shortly to work in Saudi Arabia.

Carmelita Ilustrisimo, Romeo's wife and Jimmy's sister, also took the witness stand. She confirmed Romeo's story that he had gone to Andy Angeles' house to borrow a vehicle for use in going to the airport whence he would leave for Saudi Arabia. She stated that Pat. Efren Andra and Barangay Captain Johnny Andra came at midnight and searched her house, looking for her brother Francisco Benitez, Jr., but did not find him; and that they came back an hour later to invite her husband for investigation at the municipal building.

Once again as in most criminal cases, the issue is reduced to one essentially of credibility, a weighing of the evidence of the prosecution against that of the defense. In this case, it does not seem to the Court that the Trial Court committed any error in extending superior credit to the proofs of the Government.