G.R. No. 206226 - PEOPLE OF THE PHILIPPINES, VS. NIEVES CONSTANCIO Y BACUNGAY, ERNESTO BERRY Y BACUNGAY, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, considering that the prosecution was able to prove the guilt of accused NIEVES CONSTANCIO y BACUNGAY and ERNESTO BERRY y BACUNGAY beyond reasonable doubt, both accused are hereby sentenced to suffer the penalty of RECLUSION PERPETUA pursuant to Republic Act 9346 which repealed the death penalty law. However pursuant to Section 3 thereof, they are not eligible for parole. Accused, NIEVES CONSTANCIO y BACUNGAY and ERNESTO BERRY y BACUNGAY are also hereby ordered to jointly and severally pay the heirs of [AAA] the following amounts, to wit: P92,290.00 as actual damages; P50,000.00 as civil indemnity ex-delicto; P50,000.00 as moral damages; and P50,000.00 as exemplary damages; For failure of the prosecution to prove the guilt of accused DONARDO PAGKALINAWAN y VILLANUEVA, he is hereby ACQUITTED of the crime charged against him. Let alias warrant of arrest issue against Danny Darden and @ Burog, which need not be returned until after they have been arrested. The City Jail Warden, this jurisdiction is hereby ordered to immediately release accused, DONARDO PAGKALINAWAN from further detention unless he is being held for some other cause or causes. No pronouncement as to cost. SO ORDERED.