G.R. No. 138612 - PEOPLE OF THE PHILIPPINES, VS. PERCIVAL GONZA Y BORRAL.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing premises, we find the accused PERCIVAL GONZA Y BORRAL guilty beyond reasonable doubt of MURDER defined and penalized in Art. 248 of the Revised Penal Code, as amended by R.A. 7659, and hereby sentences him to a single indivisible penalty of RECLUSION PERPETUA (in accordance with par. 3, Art. 63, R.P.C. there being a mitigating circumstance of VOLUNTARY SURRENDER with no aggravating circumstance with all the accessory penalties attendant thereto, and to indemnify the heirs of the victim Virgilio Mortega, as follows: a) P50,000.00 for actual damages; b) P50,000.00 for compensatory damages by reason of his death; and c) another P50,000.00 by way of moral damages, with no subsidiary imprisonment in case of insolvency, and to pay the costs. The number of days, months, or years of confinement of the herein accused shall be credited in his favor for purposes of the execution of the sentence. SO ORDERED.