Judge Amalia Dy of the RTC Branch 213 ordered the accused Petronilo Benites, a native of Bicol, to indemnify the heirs of the victim, Erlinda Apolinar, the sum of P130,000 and her brother, Edwin Almediere, the amount of P20,000 in actual and moral damages.
In a nine-page decision, Dy gave more weight to the testimony of the victim’s son, Herson Apolinar 11, who was present when Benites attacked and stabbed dead Erlinda than the alibi of the accused.
Court records showed that Benites entered the house of Apolinar at No. 946 Barangay Mauway at about 1 a.m. last October 26, 1997 by detaching the door locks. Once inside, Benites allegedly touched the private parts of Erlinda and repeatedly stabbed her with the use of a knife.
Unknown to Benites, however, his treacherous act was witnessed by Apolinar’s son, Herson, a grade 3 pupil at the time, who was about one-and-a-half meters away. Herson said his uncle failed to notice him after he covered himself with a blanket. He witnessed the entire incident because the blanket had a hole through which he peeped.
Almediere was roused from his sleep by his wife, Rowena, who noticed a commotion inside Erlinda’s room. When he came out of his room to check, Almediere said he was met by Benites, who without a word, stabbed him in the chest.
Benites fell to the ground while rushing down the stairs to escape. Almediere was rushed to the Mandaluyong City Medical Center where he was treated for one week. – Non Alquitran