G.R. No. 148730 - PEOPLE OF THE PHILIPPINES, VS. JOSE DELA CRUZ Y DACILLO, JAMES SALBORO Y JOROLAN, EDWIN "BUTCH" GENER Y CATEAN AND ARNEL SAN PEDRO Y TACOME.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , the Decision under review finding accused-appellants JOSE DELA CRUZ y DACILLO, JAMES SALBORO y JOROLAN, EDWIN "BUTCH" GENER y CATEAN and ARNEL SAN PEDRO y TACOME guilty beyond reasonable doubt of robbery with homicide is AFFIRMED subject to the MODIFICATION that they are sentenced to suffer the reduced penalty of reclusion perpetua . Accused-appellants are ordered to PAY , jointly and severally, the heirs of SPO1 Joven Avida Ebona the following amounts: (a) P50,000.00 civil indemnity, (b) P55,000.00 actual damages, (c) P831,870.00 representing the loss of earnings, as proved during the trial, (d) P50,000.00 moral damages, and, (e) P50,000.00 exemplary damages. Finally, accused-appellants are likewise ordered to PAY , jointly and severally, bus driver Terry Edma the amount of P2,000.00, and bus conductor Antonio Dormitorio P3,000.00 representing the bus fare collections taken from them by accused-appellants, and RETURN to Dormitorio his Seiko 5 wristwatch or its reasonable value of P2,000.00. Costs against accused-appellants. SO ORDERED.