G.R. No. 184792 - PEOPLE OF THE PHILIPPINES, VS. ALFREDO DELA CRUZ Y MIRANDA, ALIAS "DIDONG," ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding herein accused Alfredo dela Cruz y Miranda @ "Didong" and Narciso Samonte y Dionisio @ "Boyet" each guilty as principal beyond reasonable doubt of the crime of murder as charged in the information, there being no other circumstances, aggravating or mitigating, found attendant in its commission, except the qualifying circumstance of treachery as alleged, due to the drunkenness of the victim which rendered him helpless to put up any defense or to retaliate, said accused are hereby sentenced each to suffer the penalty of reclusion perpetua, to indemnify the heirs of victim Ahlladin Trinidad y Payumo in the amount of P75,000.00, plus P93,000.00 as actual damages (Exh. "C"), and the further sum of P50,000.00 as moral damages subject to the corresponding filing fees as a first lien, and to pay the costs of the proceedings. In the service of their sentence, each of the aforenamed accused being a detention prisoner, shall be credited with the full time during which he had undergone preventive imprisonment, pursuant to art. 29 of the Revised Penal Code. As to the other two accused still at-large, Alfredo Gongon alias Fred and Florante Flores alias Nante, let alias warrant of arrest issue against them and, pending their actual apprehension, let the record of this case be in the meantime committed to the Archives to be recalled therefrom as soon as circumstances demand so. SO ORDERED.