G.R. No. 128900 - PEOPLE OF THE PHILIPPINES, VS. ALBERTO S. ANTONIO, SPO4 JUANITO N. NIETO AND SPO1 HONORIO CARTALLA, JR., ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding accused ALBERTO S. ANTONIO @ Ambet, GUILTY beyond reasonable doubt of the crime of Murder, qualified by treachery as charged in the Information, and there being no mitigating or any aggravating circumstance, he is hereby sentenced to suffer the penalty of reclusion perpetua, pursuant to Sec. 6 of Republic Act No. 7659 entitled An Act to Impose The Death Penalty On Certain Heinous Crimes and Art. 63, paragraph 2 of the Revised Penal Code. In the service of his sentence, accused ALBERTO S. ANTONIO @ Ambet shall be credited in full with the period of his preventive imprisonment. The guilt of both accused JUANITO NIETO y NEMER and HONORIO C. CARTALLA, JR., as accessories, having also been established beyond any reasonable doubt, each of them is hereby sentenced to suffer the indeterminate penalty of two (2) years, four (4) months and one (1) day of prision correcional as minimum to eight (8) years and one (1) day of prision mayor as maximum. Accused ALBERTO S. ANTONIO @ Ambet is likewise hereby ordered to pay, unto the heirs of Arnulfo B. Tuadles, the following sums: P50,000.00, as indemnity for the death of Arnulfo B. Tuadles; P226,298.36, as actual damages; P7,200,000.00, representing compensable earnings lost by reason of Arnulfo B. Tuadles death; P3,000,000.00 or the stipulated P1,000,000.00 each for the three (3) children of Arnulfo B. Tuadles, and another P500,000.00 for the widow, Ma. Odyssa Suzette Tecarro-Tuadles, as moral damages; P50,000.00, as exemplary damages; Costs. In case of insolvency of accused ALBERTO S. ANTONIO @ Ambet, accused JUANITO NIETO y NEMER and HONORIO C. CARTALLA, JR., shall be liable to pay, jointly and severally, one-third (1/3) of the above-adjudicated sums or the amount of P3,675,432.78 unto the said heirs of Arnulfo B. Tuadles. In any event, the foregoing civil liabilities shall all be without subsidiary imprisonment in case of insolvency. Being instruments of the crime, let the caliber .9mm Beretta Mode 92F with Serial Number BER-041965-Z, including its black magazine and five (5) live bullets, which are presently under the custody of the Court, be confiscated and forfeited in favor of the Government and turned over to the Firearms and Explosives Office, Camp Crame, Quezon City. Let a Commitment Order be issued for the transfer of accused ALBERTO S. ANTONIO @ Ambet from the San Juan Municipal Jail to the Bureau of Corrections, Muntinlupa City. SO ORDERED.