G.R. No. 118670 - PEOPLE OF THE PHILIPPINES, VS. RENATO DE GUZMAN AND MARCIANO RAMOS, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, this Court finds the accused Renato de Guzman and Marciano Ramos guilty beyond reasonable doubt of the crime of robbery with homicide and hereby sentences them to suffer the penalty of reclusion perpetua and accessory penalty of perpetual absolute disqualification (See Art. 41 and 73 of the R.P.C.) (NOTE: the old law is still more favorable to the accused than the new law, R.A. 7659). With respect to the civil aspect, this Court hereby orders Renato de Guzman and Marciano Ramos: 1. To restore to the legal heirs of the victim, Dr. Belmonte, the following: (1) a cash amount of P7,000.00 representing a fee of Dr. Belmonte; (2) a Seiko watch at P5,000.00; (3) an I.D. leather case valued at P150.00; (4) a pocketbell unit valued at P12,000.00; (5) earrings valued at P1,800.00; (6) a 22k bracelet valued at P2,500.00 each; (7) a Chinese gold ring valued at P8,000.00; (8) another ring valued at P3,500.00; (9) a VHS unit; and (10) a pair of rubber shoes valued at P500.00, or in case of failure to do so, to pay jointly and solidarily the value thereof as therein stated; 2. To indemnify jointly and solidarily the legal heirs of Dr. Belmonte and Teresa Hape in the amount of P50,000.00 each victim (Art. 2206) or a total of P100,000.00 for all. 3. To indemnify jointly and solidarily the legal heirs of Dr. Belmonte for consequential damages as follows: a) P46,200,000.00 representing the lost earnings of Dr. Belmonte for 25 years since he was only 35 years old when killed and the life expectancy of an average Filipino is now 60 years old; b) P274,809.00 representing actual and/or compensatory damages; c) P1,000,000.00 as moral damages; d) P100,000.00 as exemplary damages; 4. To indemnify jointly and solidarily the legal heirs of Teresa Hape P100,000.00 as exemplary damages; The accused shall be credited in full of their preventive imprisonment, or 4/5 thereof, as the case may be, pursuant to Art. 29, RPC. This is material in connection with any pardon that may be bestowed upon the said accused pursuant to Art. 27, RPC. No subsidiary imprisonment in case of insolvency. Costs against the accused." [2] Unsatisfied with the verdict, accused-appellants are now before this Court on appeal. However, during the pendency of this case, accused-appellant De Guzman filed an Urgent Motion to Withdraw Appeal, [3] which was granted by this Court in a Resolution dated December 2, 1998. [4] Consequently, the instant appeal pertains only to that of accused-appellant Ramos. The facts as found by the trial court are as follows: Sometime in September 1992, Dr. Amadeo Belmonte and his wife Maria Regina Belmonte engaged the services of Renato De Guzman, a welder by profession, to construct and install a water tank in their house in Loakan, Baguio City. De Guzman, in turn, hired Frederick Mosqueda as sub-contractor. While the work was in progress, De Guzman, on October 27, 1992, sent Mosqueda to the house of the Belmontes to ask for an additional