G.R. NO. 171272 (Formerly G.R. Nos. 150047-48) - PEOPLE OF THE PHILIPPINES, VS. LEOSON DELA CRUZ Y ECHECHE.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, foregoing premises considered, the accused LEOSON DELA CRUZ y ECHECHE is hereby found GUILTY beyond reasonable doubt of the crime of murder in Criminal Case No. 99-3101-MK and of frustrated murder in Criminal Case No. 99-3102-MK penalized under Art. 248 of the Revised Penal Code, as amended, and is sentenced to suffer the maximum penalty of DEATH by lethal injection and the penalty of RECLUSION PERPETUA, respectively, the crime having been qualified with treachery and attended with the generic aggravating circumstance of dwelling. The accused is further ordered to indemnify the heirs of Atty. Juliana Ricalde y Rodriguez the amount of P50,000.00 for the latter's death, the amount of P200,000.00 as moral damages and another amount of P200,000.00 as exemplary damages for both cases. The court, however, cannot award actual damages for the death of the victim Atty. Juliana Ricalde y Rodriguez and for the damages sustained by Atty. Pelagio Ricalde in view of the failure of the prosecution to substantiate such damages with official receipts and other documents to support the same. SO ORDERED.