G.R. No. 181753 - PEOPLE OF THE PHILIPPINES, VS. RAMON PLACER, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, accused RAMON PLACER and VIRGILIO PLACER having been found GUILTY beyond reasonable doubt of the crime of MURDER defined and penalized under Article 248 of the Revised Penal Code, as amended by RA 7659, are hereby sentenced as follows: a) RAMON PLACER being the principal by direct participation involved in the actual killing of ROSALINO GERNALE (deceased), to him is imposed the indivisible penalty of RECLUSION PERPETUA regardless of the presence of mitigating circumstance of VOLUNTARY SURRENDER (Art. 63, Revised Penal Code), with all the accessory penalties; b) VIRGILIO PLACER having been found to be liable as an ACCOMPLICE, to him is imposed the lesser indeterminate penalty of 8 years and 1 day of prision mayor, as minimum, to 14 years, 10 months and 20 days of reclusion temporal, as maximum, absent any mitigating or aggravating circumstance (par. (1), Art. 64, Revised Penal Code, as amended) c) To indemnify the heirs of the late Rosalino Gernale jointly and solidarily in the amount of P25,000.00 as actual damages; P50,000.00 as civil indemnity for his death; and another P50,000.00 as moral damages; and to pay the costs. The period of preventive imprisonment already served by accused Virgil[i]o and Ramon both surnamed Placer, shall be credited in the service of their sentences pursuant to Article 29 of the R.P.C., as amended. SO ORDERED.