G.R. No. 126914 - PEOPLE OF THE PHILIPPINES, VS. NONOY FELIX, ELISEO GOMEZ @ “ATING,” AND ROMEO SANAO, ACCUSED. ELISEO GOMEZ, ACCUSED-.

Ruling

WHEREFORE, the challenged decision of Branch 11 of the Regional Trial Court (RTC) of Davao City, in Criminal Case No. 35, 157-95, is hereby MODIFIED. As modified, accused-appellant ELISEO GOMEZ is hereby found guilty beyond reasonable doubt, as principal, of the crime of homicide as defined and penalized under Article 249 of the Revised Penal Code. Applying the Indeterminate Sentence Law, we hereby sentence him to suffer an indeterminate penalty of imprisonment ranging from ten (10) years and one (1) day of prision mayor as minimum to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal as maximum, and to pay the heirs of HECTOR AYALA the amounts of P50,000 as civil indemnity for the death of the victim and P10,000 as actual damages. In the service of sentence accused-appellant shall be credited with the period of his preventive imprisonment, subject to the provisions of Article 29 of the Revised Penal Code, as amended. No pronouncements as to costs. SO ORDERED.