G.R. Nos. 138931-32 - THE PEOPLE OF THE PHILIPPINES, VS. JOSELITO DELA CRUZ Y DAMASO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , premises considered, and in the absence of any mitigating circumstance and in the presence of the aggravating circumstance of dwelling, the Court finds and so holds the accused JOSELITO DELA CRUZ y DAMASO guilty beyond reasonable doubt of the crime of MURDER and sentences him to suffer the penalty of DEATH in Criminal Case No. 7966(AF), and for him to indemnify the heirs of the deceased offended party in the sum of P50,000.00, and the amount of P56,607.00, representing actual damages. No moral damages are awarded as the same is subsumed in the civil indemnity for death (People vs. R. Daen, G.R. No. 112015, 26 May 1995). To pay the costs of the suit. In criminal Case No. 7967-AF, for Violation of Sec. 1, Pars. 1 & 3 of Republic Act 8294 (Aggravated Illegal Possession of Firearm) , for insufficiency of evidence, the Court hereby orders the ACQUITTAL of the accused, without costs. SO ORDERED.