G.R. No. 89684 September 18, 1990 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GERARDO SAZON, alias "INSIK," accused-appellant. Facts: There are two versions of the story. Version of the witnesses: On September 15, 1983, in the barangay aforementioned, a certain Ernesto Romualdez was accosted by appellant near the barangay hall for allegedly circulating the rumor that appellant and his companions were engaged in stealing. Upon confrontation, appellant boxed Romualdez which caused the latter to fall. Wilfredo Longo, who was then present at the scene, approached and helped the fallen Romualdez and pushed appellant away. This apparently angered appellant who, in his native dialect said "Andam ka lang Inday kay patyon ta guid," ("Watch out Inday for I will kill you") to which Longno retorted, "Just do it." Two days later, or on September 17, 1983, at about 8:00 o'clock P.M., appellant and his cousin, Cornelio Altejos, were drinking softdrinks at the shire of Gloria Aposaga when Longno passed by. Thereupon, appellant and Altejos left their softdrinks half-assumed and followed Longno. Longno eventually reached the bench near the public faucet where the group of Massulini Dullete, Samuel Canoso and Nathaniel Ramos were sitting. He joined the group in their conversation by saying, "Upon ako dira." ("I'll go with what you say."). Shortly thereafter, appellant and Altejos arrived and appellant accosted and pointed a gun at Longno, saying, "Maano ka?" ("What are you going to do?"). Longno then faced appellant and said, "Brod, tiruha lang." ("Brod, just shoot.") Apparently irked by the response, appellant fired the gun, hitting Longno in the left forearm. Dullete, Canoso and Ramos then scampered for safety as appellant and the wounded Longno grappled for the gun. It was while the two were thus struggling that Altejos stabbed Longno in the chest, after which both appellant and Altejos ran away. Longno then came out of the footwalk shouting, "Tay tiniro ako ni Insik, binuno ako ni Toto." ("Father, I was shot by Insik and stabbed by Toto."). He was able to run about thirty (30) meters before he fell. His father, Julio Longno, ran to his son who was then lying sprawled on the ground. Rushed to the St. Paul's Hospital, Wilfredo Longno died. Later, it was established that the cause of death was hemorrhage, secondary to stab wound. Appellant's version: