G.R. NO. 154502 - EMMIE RESAYO Y CRUZ, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Court finds both accused Emmie Resayo and Richie Reyes guilty beyond reasonable doubt of the crimes of homicide and frustrated homicide. However, Richie Reyes is entitled to the mitigating circumstance of voluntary surrender. Consequently, the Court sentences Emmie Resayo to suffer the indeterminate penalty of imprisonment ranging from eight (8) years and one day of prision mayor as minimum to fourteen (14) years, eight (8) months and one (1) day of Reclusion Temporal as maximum for homicide and the indeterminate penalty of two (2) years, four (4) months and one (1) day of prision mayor as maximum for frustrated homicide. On the other hand, accused Richie Reyes is sentenced to suffer the indeterminate penalty of imprisonment ranging from six (6) years and one (1) day of prision mayor as minimum to twelve (12) years and one (1) day of reclusion temporal as maximum for homicide and the indeterminate penalty of imprisonment of six (6) months and one (1) day of prision correccional as minimum to six (6) years and one (1) day of prision mayor as maximum for the crime of frustrated homicide. Further, the Court hereby orders said accused to jointly and severally pay the heirs of the deceased Robert[o] Aguinaldo the sum of P50,000.00 as and by way of civil indemnity for the death of the victim, P15,000.00 for funeral expenses and P10,000.00 as attorney's fees and to pay Alfredo Braga the amount of P5,000.00 for medical expenses and P10,000.00 as attorney's fees but without subsidiary imprisonment in case of insolvency. SO ORDERED.