G.R. No. 185005 - PEOPLE OF THE PHILIPPINES, VS. DANTE DEJILLO AND GERVACIO "DONGKOY" HOYLE, JR., ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds the accused Dante Dejillo and Gervacio Hoyle, Jr. guilty beyond reasonable doubt of the crime of murder defined and penalized under Art. 248 of the Revised Penal Code, as amended by RA No. 7659. There being no mitigating nor aggravating circumstances adduced and proven during the trial, the Court hereby sentences each of the accused to suffer the penalty of Reclusion Perpetua, with all the accessory penalties of the law and to pay the costs. Further, each of the accused shall pay jointly and severally to the heirs of Aurelio Basalo civil indemnity for the death of the victim in the amount of P50,000.00 and moral damages in the amount of P50,000.00. As the heirs of the victim clearly incurred funeral expenses although no receipts were presented[,] the amount of P10,000.00 by way of temperate damages is hereby awarded. No actual damages representing unearned income of the victim can be awarded, the same not having been sufficiently proven. The period during which the accused were detained shall be credited in their favor as service of sentence in conformity with Article 29 of the Revised Penal Code, as amended. [27] Pursuant to the Commitment on Final Sentence [28] issued by the RTC on September 27, 2000, accused-appellants were committed to and received at the New Bilibid Prison, Muntinlupa City. [29] Accused-appellants appealed their conviction by the RTC directly before this Court, [30] but conformably with its ruling in People v. Mateo, [31] the Court transferred the case to the Court of Appeals for appropriate action. The Court of Appeals promulgated its Decision on February 22, 2008 dismissing accused-appellants appeal and affirming the RTC judgment with the modification of increasing the award of temperate damages, thus: WHEREFORE , the APPEAL is DISMISSED . The Decision dated September 20, 2000 of the Regional Trial Court (RTC), Talibon, Bohol, Branch 52, in Criminal Case No. 96-267, finding Dante Dejillo and Gervacio Hoyle, Jr. guilty beyond reasonable doubt of the crime of murder and sentencing them to Reclusion Perpetua is AFFIRMED with MODIFICATION awarding temperate damages of P25,000.00 to the heirs of Aurelio Boy Basalo, in lieu of actual damages. [32] Hence, the present appeal by accused-appellants. In their original Brief, accused-appellants pleaded for their acquittal based on the following assignment of errors: [I] THE LOWER COURT ERRED IN GIVING CREDENCE TO THE BELATED CLAIM OF PROSECUTION WITNESSES FLORENDA DOLERA, AMELITA BASALO AND SAUL CURRIBA THAT THE DECEASED UTTERED DYING DECLARATION POINTING TO THE ACCUSED AS THE ASSAILANTS. [II] THE LOWER COURT ERRED IN GIVING CREDENCE TO THE TESTIMONY OF ROMEO PURACAN DESPITE THE FACT THAT HE WAS THE ONE ORIGINALLY CHARGED FOR KILLING THE VICTIM, HENCE, POSSESSED WITH (SIC) PROPENSITY TO FABRICATE LIES IF ONLY TO EVADE CRIMINAL PROSECUTION. [III] THE LOWER COURT ERRED IN NOT GIVING CREDENCE TO THE TESTIMONY OF GERVACIO HOYLE POSITIVELY IDENTIFYING ROMEO PU