G.R. No. 198449 - PEOPLE OF THE PHILIPPINES, VS. ERNESTO MONTILLA Y CARIAGA AND DALE DUAY, ACCUSED, ERNESTO MONTILLA Y CARIAGA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, this Court finds and so holds the [accused-appellant] Ernesto Montilla (detained) GUILTY beyond reasonable doubt of the crime of MURDER defined and penalized under Article 248 of the Revised Penal Code as amended and is hereby sentenced to the penalty of RECLUSION PERPETUA, including the accessory penalties provided for by law. There being no mitigating nor aggravating circumstance attendant to the commission of the crime. The [accused-appellant] Ernesto Montilla y Cariaga is further ordered to pay the heirs of the victim the amount [of] FIFTY THOUSAND PESOS (P50,000.00) by way of indemnity for the death of the victim, plus the reasonable amount of FIFTY THOUSAND PESOS (P50,000.00) by way of moral damages. The [accused-appellant] Ernesto Montilla y Cariaga being preventively detained is hereby entitled to the full credit of his detention pursuant to R.A. No. 6127, and is hereby ordered immediately committed to the National Penitentiary for service of his sentence pursuant to Circular No. 4-92-A dated April 20, 1992. The case against Dale Duay who is still at-large is hereby ordered ARCHIVED to be immediately revived upon her arrest and the Warrant and Subpoena Officer of Sagay City PNP is hereby directed to explain in writing within ten (10) days from receipt of this Decision why the accused has not been arrested up to the present. Furnish copies of this Decision to all counsels, the [accused-appellant], the Warrant and Subpoena Officer of Sagay City, and the private complainant. Costs against [accused-appellant] Ernesto Montilla y Cariaga. SO ORDERED.