A.M. No. RTJ-96-1349

Ruling

WHEREFORE, in view of the foregoing, the Court finds the accused Gerardo Marcial guilty beyond reasonable doubt of the crime of Homicide in Criminal Case No. 89-1360 and of the offense of Slight Physical Injuries in Criminal Case No. 89-2878. No modifying circumstances having attended the commission of said crimes, the accused is hereby sentenced to an indeterminate penalty of from eight (8) years and one (1) day of prision mayor to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal with respect to Criminal Case No. 89-1360 and to suffer imprisonment of thirty (30) days of arresto menor as regards Criminal Case No. 89-2878. The accused is further ordered to indemnify the heirs of the victim Maximo Bacar in the amount of P50,000.00 as moral damages and to pay the amount of P33,572.00 as actual damages and costs of suit. SO ORDERED.