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JurisprudenceG.R. No. 121983 -

G.R. No. 121983 - PEOPLE OF THE PHILIPPINES, VS. VITERBO MONTERO, JR., JUANILLO BAXINELA, AND SAMUEL BIARE, ACCUSED, JUANILLO BAXINELLA.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 496RA 471RA 653,RA 486RA 510,RA 433RA 467RA 170,RA 233RA 475RA 483RA 361,RA 748RA 610RA 507RA 374RA 245,RA 660RA 468RA 204
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TL;DR — Ruling

WHEREFORE, premises considered, the accused Juanillo Baxinela and Viterbo Montero, Jr. are hereby found guilty beyond reasonable doubt of the crime of Robbery with Homicide and are hereby sentenced each to suffer the penalty of reclusion perpetua. Both accused are further ordered jointly and severally to pay the legal heirs of Ferry Polluna the amount of P50,000.00 for her wrongful death and another amount of P30,000.

Decision

Ruling

WHEREFORE, premises considered, the accused Juanillo Baxinela and Viterbo Montero, Jr. are hereby found guilty beyond reasonable doubt of the crime of Robbery with Homicide and are hereby sentenced each to suffer the penalty of reclusion perpetua. Both accused are further ordered jointly and severally to pay the legal heirs of Ferry Polluna the amount of P50,000.00 for her wrongful death and another amount of P30,000.00 as moral damages and the costs of the suit. Pursuant to the case of People vs. Ricardo c. Cortez., G.R. No. 92560, October 15, 1991, the bail bond put up by accused Juanillo Baxinela is cancelled and the accused is hereby placed in confinement at the Iloilo Rehabilitation Center to be transferred to the national Penitentiary pending resolution of appeal in case he appeals. Let a warrant of arrest be issued against the accused Viterbo Montero, Jr. Judgment is likewise rendered against the property bond put up by the accused Viterbo Montero, Jr. through his bondsmen Francisco Magno, Rogelio Albelar and Pedro Albelar and Gil Azuelo in the amount of P50,000.00. SO ORDERED.