G.R. No. 204896 - PEOPLE OF THE PHILIPPINES, V. SAMSON BERK Y BAYOGAN, ACCUSED-.

Ruling

WHEREFORE , in the (sic) light of the foregoing discussions, this Court finds accused SAMSON BERK GUILTY beyond reasonable doubt of the crime of MURDER as defined in Article 248 of the Revised Penal Code, as amended by Rep. Act No. 7659, qualified by treachery. The proper imposable penalty would have been death. However, pursuant to Rep. Act No. 9346, accused is sentenced to suffer the penalty of reclusion perpetua without possibility of parole. Accused is further ORDERED to pay the heirs of Clarita Disu, the amounts of (a) Php 75,000 as civil indemnity; (b) Php 75,000.00 as moral damages; (c) Php 25,000.00 as exemplary damages; and (d) Php 25,000.00 as temperate damages. Insofar as accused JENETO SERENCIO is concerned, let the case against him be ARCHIVED . Let an alias warrant of arrest be issued for his immediate apprehension to be furnished to the following officers: Chief of Police, PNP, Sual, Pangasinan; Provincial Director, PNP, Pangasinan; Regional Director, PNP, Region Office 1; The NBI Director, Pangasinan; The Regional Director, NBI, Regional Office 1; The Director, NBI, Manila; The CIDG Provincial Director, Pangasinan; The Regional Director, CIDG Regional Office 1; The National Director, CIDG, Manila; and The Chief PNP, Camp Crame, Quezon City who are all ordered to effect the immediate arrest of the above named accused and furnish this Court with their respective returns of service, the soonest. [7] The Court of Appeals found no reason to disturb the findings of the RTC and upheld its ruling. The appellate court also found the eyewitness accounts credible, straightforward and reliable and upheld their positive identification of appellant as the perpetrator. The Court of Appeals thus disposed: WHEREFORE , premises considered, the instant Appeal is DENIED and the Decision dated 19 July 2010 rendered by Branch 39, Regional Trial Court of Lingayen, Pangasinan is hereby AFFIRMED but MODIFIED to read as follows: WHEREFORE, in light of the foregoing discussions, this Court finds accused SAMSON BERK GUILTY beyond reasonable doubt of the crime of MURDER as defined in Article 248 of the Revised Penal Code, as amended by Rep. Act No. 7659, qualified by treachery. There being no aggravating or mitigating circumstance, the accused is sentenced to suffer the penalty of reclusion perpetua. Accused is further ORDERED to pay the heirs of Clarita Disu, the amounts of (a) Php 75,000 as civil indemnity; (b) Php 75,000.00 as moral damages; (c) Php 25,000.00 as exemplary damages; and (d) Php 25,000.00 as temperate damages. Insofar as accused JENETO SERENCIO is concerned, let the case against him be ARCHIVED. Let an alias warrant of arrest be issued for his immediate apprehension to be furnished to the following officers: 1. Chief of Police. PNP; Sual, Pangasinan; 2. Provincial Director, PNP, Pangasinan; 3. Regional Director, PNP, Region Office 1; 4. The NBI Director, Pangasinan; 5. The Regional Director, NBI, Regional Office 1; 6. The Director, NBI, Manil