G.R. No. 181474 - PEOPLE OF THE PHILIPPINES, V. ROMALDO LUMAYAG Y DELA CRUZ, DIONY OPINIANO Y VERANO, AND JERRY[1] DELA CRUZ Y DIAZ, ACCUSED, DIONY OPINIANO Y VERANO, ACCUSED-.

Ruling

WHEREFORE, finding the accused Romaldo Lumayag and Diony Opiniano guilty beyond reasonable doubt as principals in conspiracy with each other, for the crime of robbery with homicide described and penalized under Art. 294 of the Revised Penal Code, as amended by RA 7659 there being no modifying circumstance, and applying Art. 63 par. 2 of the Revised Penal Code, they are hereby sentenced to each suffer imprisonment of reclusion perpetua . Also, finding the accused Jerry dela Cruz guilty beyond reasonable doubt as accessory for the crime of robbery with homicide, with the mitigating circumstance of minority, and applying the Indeterminate Sentence Law, he is hereby sentenced to suffer imprisonment of two years[,] 4 months and 1 day to 4 years and 2 months of prision correccional. As to the civil liability, the accused Romaldo Lumayag and Diony Opiniano are ordered to indemnify the heirs of Eladio Santos and Leonor Santos, jointly and solidarity as follows: 1. The amount of P80,000.00 as their share in the civil indemnity for the death of the two victims; 2. The amount of P80,000.00 as their share in the moral damages for death of the two victims; 3. The amount of P134,775.00 as their share in the actual damages for the expenses incurred as a result of their death; 4. The amount of P81,500 representing their share in the reimbursement of the value of the pieces of jewelry taken during the robbery. As to the civil liability of Jerry dela Cruz who was found guilty as accessory, he is also ordered to indemnify the heirs of Eladio and Leonor Santos as follows: 1. [T]he amount of P20,000.00 as his share in the civil indemnity for the two victims; 2. The amount of P20,000.00 as his share in the moral damages; 3. The amount of P20,000.00 as his share in the actual damages; 4. The amount of P10,000.00 as his share in the reimbursement for the articles taken. The earrings recovered has already been returned to the Santos heirs. The cash in bills and coins in the amount of P5,000.00 more or less and the reams of Marlboro cigarettes are ordered returned to the heirs of Eladio and Leonor Santos. SO ORDERED.