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JurisprudenceG.R. No. 174476 -

G.R. No. 174476 - PEOPLE OF THE PHILIPPINES, VS. ARNOLD T. AGCANAS, ACCUSED-.D E C I S I O N - Supreme Court E-Library

En Banc

Cited Laws

RA 738RA 9346RA 9346,RA 317RA 689
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TL;DR — Ruling

WHEREFORE, PREMISES CONSIDERED, the prosecution was able to prove the guilt of the accused ARNOLD AGCANAS beyond reasonable doubt of the crime of Murder qualified by treachery. With the same quantum of evidence, the aggravating circumstance (sic) of dwelling and the use of an illegally possessed firearm were duly established. No mitigating circumstance is accorded to the accused. Hence, the maximum penalty of DEATH is hereby imposed upon him with all its accessory penalties.

Decision

Ruling

WHEREFORE, PREMISES CONSIDERED, the prosecution was able to prove the guilt of the accused ARNOLD AGCANAS beyond reasonable doubt of the crime of Murder qualified by treachery. With the same quantum of evidence, the aggravating circumstance (sic) of dwelling and the use of an illegally possessed firearm were duly established. No mitigating circumstance is accorded to the accused. Hence, the maximum penalty of DEATH is hereby imposed upon him with all its accessory penalties. Likewise, he is ordered to pay the widow of the victim WARLITO RAGUIRAG Seventy Five Thousand Pesos (P75,000.00) as civil indemnity; Fifty Thousand (P50,000.00) as moral damages; Fifty Thousand Pesos (P50,000.00) as exemplary damages and the costs. SO ORDERED . [4] On intermediate appellate review by the Court of Appeals, the conviction was affirmed. However, the award of damages was modified based on prevailing jurisprudence. The dispositive portion states: WHEREFORE, premises considered, the appealed decision finding the accused-appellant guilty beyond reasonable doubt of the crime of Murder and sentencing him to suffer the supreme penalty of DEATH is hereby AFFIRMED with the MODIFICATIONS as to damages. The accused-appellant is ordered to pay the amount of Fifty Thousand Pesos (P50,000.00) as civil indemnity, Fifty Thousand Pesos (P50,000.00), as moral damages, and Twenty Five Thousand Pesos (P25,000.00), as exemplary damages. In accordance with A.M. No. 00-5-03-SC which took effect on October 15, 2004, amending Section 13, Rule 124 of the Revised Rules of Criminal Procedure, let the entire records of this case be elevated to the Supreme Court for review. Costs de oficio . SO ORDERED.