G.R. Nos. 125967-70 - PEOPLE OF THE PHILIPPINES, VS. JUAN PANAGA AND PABLO PANAGA, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding the two accused Pablo Panaga and Juan Panaga guilty beyond all reasonable doubt of the crime of murder as defined and penalized by Art. 248 of the Revised Penal Code they are hereby sentenced to the following prison terms: "1. In Criminal Case No. 661, Pablo Panaga and Juan Panaga are hereby sentenced each to RECLUSION PERPETUA. "2. In Criminal Case No. 663, Pablo Panaga and Juan Panaga are hereby sentenced each to RECLUSION PERPETUA. "3. In Criminal Case No. 664, Pablo Panaga and Juan Panaga are hereby sentenced each to RECLUSION PERPETUA. "4. In Criminal Case No. 665, Pablo Panaga and Juan Panaga are hereby sentenced each to RECLUSION PERPETUA. "In all the four (4) above criminal cases Pablo Panaga and Juan Panaga are hereby ordered to pay the following: "1. In Criminal Case No. 661, to pay jointly the heirs of Jeofrey La Madrid the amount of P50,000.00 for the death of Jeofrey La Madrid; "2. In Criminal Case No. 663, to pay jointly the heirs of Rolando Balisi the amount of P50,000.00 for the death of Rolando Balisi; "3. In Criminal Case No. 664, to pay jointly Agustina Cagurungan the amount of P50,000.00, for the death of Pedro Cagurungan; and further to pay Agustina Cagurungan the amount of P31,000.00, for the actual and compensatory damages, P4,132,800.00 for loss of earnings; "4. In Criminal Case No. 665, to pay jointly the heirs of Zaldy Binarao the amount of P50,000.00 for the death of Zaldy Binarao; "5. P50,000.00 as moral damages in Criminal Case No. 664; "6. P10,000.00 as attorney's fees; and "7. Costs of suit." [1] The two accused were priorly indicted in four (4) separate informations for murder; to wit: In Criminal Case No. 661 - "That between 7:00 o'clock to 8:00 o'clock in the evening of November 9, 1991 in Brgy. Baliuag, Peñablanca, Cagayan, Philippines and within the investigative jurisdiction of this Honorable Court, above-named accused conspiring, confederating and mutually agreeing and helping one another, with intent to kill, evident premeditation, treachery and aggravated by nocturnity, did then and there willfully, unlawfully and feloniously attacked, assaulted and shot with the use of an M-16 armalite rifle one after the other the following victims, to wit: Pedro Cagurungan, Zaldy Binarao, Rolando Balisi alias Rolly, Jeofrey La Madrid alias Jojo all of Brgy. Baliuag, Peñablanca, Cagayan, inflicting upon the victims gunshot wounds which caused their instant death, as evidenced by a Post Mortem Cert and Death Certificate of the victims respectively, and also inflicting gunshot wound on Joemar Banag also of the same barangay which could have died as a consequence if not for the immediate attendance of a Physician as evidence on his Medical Certificate, which are all made an integral part of this complaint." [2] In Criminal Case No. 663 - "That on or about November 9, 1991, in the Municipality of Peñablanca, Province of Cagayan, and within the jurisdiction of this Honorable Court, the said accused, Pablo Z.