G.R. No. 135065 - PEOPLE OF THE PHILIPPINES, VS. BENNY

Ruling

WHEREFORE, guilt having been proved beyond reasonable doubt, the Court hereby convicts the herein accused of the crime of evidently premeditated MURDER defined and penalized under Article 248 of the Revised Penal Code as amended by Republic Act No.7659, .with the circumstances of abuse of superior strength and nighttime aggravating the offense. Accordingly, and pursuant to Article 63 of the same code, the Court hereby sentences the accused BENNY CABANGCALA and RENATO CABANGCALA to suffer the penalty of DEATH. In regard to the accused DANILO CABANGCALA alias "Danny," the Court applies section 22 of Republic Act 7659 and Article 68, paragraph 2 of the Revised Penal Code, in relation to the Indeterminate Sentence Law, and hereby sentences him to suffer the penalty of from 12 years of prision mayor maximum as MINIMUM to 17 years and one day of reclusion temporal maximum as MAXIMUM. The subject accused are further hereby ordered to SOLIDARILY indemnify the heirs of deceased DIONISIO PASCUAL for damages in the amount of P50,000.00 for his death, and to pay the costs. SO ORDERED.