G.R. Nos. 111168-69 - JOAQUIN E. DAVID, VS. COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds the accused guilty beyond reasonable doubt of the crime of Homicide under Articles 249 and 64(1) of the Revised Penal Code, and for the crime of Frustrated Homicide under Articles 249 and 50, without any mitigating or aggravating circumstance in both cases, and hereby sentences the accused, For the crime of Homicide, to suffer an indeterminate sentence of EIGHT (8) YEARS and ONE (1) DAY of prision mayor medium, as minimum, to SIXTEEN (16) YEARS of reclusion temporal medium, as maximum; For the crime of Frustrated Homicide, to suffer an indeterminate sentence of TWO (2) YEARS and ONE (1) DAY of prision correccional as minimum, to EIGHT (8) YEARS and ONE (1) DAY of prision mayor, as maximum. And ordering the accused: To indemnify the heirs of Noel Nora the sum of - P30,000.00 for the death of Noel Nora P37,000.00 for actual damages P30,000.00 for moral damages P20,000.00 for and as attorneys fees or a total sum of P117,000.00; Further, to indemnify Narciso Nora the sum of - P8,728.00 for actual damages P20,000.00 for moral damages or a total sum of P28,000.00 SO ORDERED.