G.R. No. 128321 - PEOPLE OF THE PHILIPPINES, VS. TROY MALATE Y CARILAN, ROLDAN MIRANDA Y RABAGO, ELMER ALIPIO, FRANK FAISAL AND ENRIQUE “RICKY” CAÑETE, ACCUSED. ENRIQUE “RICKY’ CAÑETE. DECISION - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered finding the accused Enrique Ricky Cañete GUILTY beyond reasonable doubt of the crime of murder defined in and penalized by Article 248 of the Revised Penal Code, as amended, and, there being no other aggravating circumstances other than the qualifying circumstances of the crime of murder to warrant the imposition of the death penalty, is hereby sentenced to suffer the penalty of reclusion perpetua with all the accessory penalties of the law. The said accused is further ordered to indemnify the heirs of the late Fernando Obrino the amounts of P50,000.00 by way of moral damages; P50,000.00 for the death of the victim; and P70,840.00 by way of actual damages. The period during which the accused Enrique Ricky Cañete was detained at the City Jail of Quezon City shall be credited to the said accused in full provided that he agrees in writing to abide by and comply strictly with the rules and regulations of the City Jail of Quezon City. With costs against said accused. The accused Elmer Alipio is hereby ACQUITTED of the said charge for failure of the prosecution to prove the guilt of the said accused beyond reasonable doubt. The City Warden of the Quezon City Jail is hereby ordered to release the accused Elmer Alipio from custody unless he is being detained for another charge or lawful cause. IT IS SO ORDERED.