G.R. No. 139231 - PEOPLE OF THE PHILIPPINES, VS. GERRY LIBETA Y TORRE, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding the evidence of the prosecution more than sufficient to prove the guilt of accused beyond reasonable doubt, Gerry Libeta y Torre pursuant to Art. 335 of the Revised Penal Code as amended by Section 11 of RA 7659, sub-paragraph 3, without any aggravating circumstances in its commission, is sentenced to suffer the penalty of Reclusion Perpetua , together with all accessory penalty as provided by law. "Moreover, pursuant to Art. 100 in relation to Art. 104 of the Revised Penal Code governing civil indemnity, accused is furthermore ordered to indemnify complainant, Jacqueline Labial, the amount of Fifty Thousand (P50,000.00) Pesos by way of civil indemnity and another amount of Fifty Thousand (P50,000.00) Pesos by way of moral damages for committing this beastly act against the complainant which destroyed her honor and future. ( People vs. Virgilio Villaluna , GR 127569, July 30, 1998) "It appearing above-named accused, was charged of a capital offense, without recommendation for his provisional liberty, he shall be entitled to the full period he has served as detention prisoner, to be deducted from his above-sentence subject to the rules and regulations governing detention prisoners pursuant to Art. 29 of the Revised Penal Code as further amended by RA 6127 by Executive Order 214 promulgated on July 10, 1987. SO ORDERED.