G.R. No. 132373 -

Ruling

WHEREFORE, in Criminal Case No. 8079, the Court finds the accused Tirso Arcay alias Tisoy, guilty beyond reasonable doubt of the crime of Attempted Murder, defined and penalized under Article 248 of the Revised Penal Code, in relation to Article 6, par. 3 thereof, as embraced in the aforequoted information, with the aggravating circumstance of disregard of sex. There being no mitigating circumstance to offset the same, said accused Tirso Arcay @ Tisoy is hereby sentenced to the indeterminate penalty of imprisonment of from FOUR (4) YEARS, TWO (2) MONTHS and ONE (1) DAY of Prision Correcional , as minimum, to EIGHT (8) YEARS of Prision Mayor , as maximum, with the accessory penalties of the law, to indemnify the offended party Lucenda Micutuan the sum of P2,500.00 as medical expenses, P5,000.00 damages, P5,000.00 attorney's fees, and to pay the costs. In Crim. Case No. 8080, the Court finds the accused Tirso Arcay @ Tisoy guilty beyond reasonable doubt of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code, as embraced in the aforequoted information. There being no mitigating nor aggravating circumstance adduced and proven during the trial, and applying the doctrine laid down by the Supreme Court in the case of People v. Muñoz, 170 SCRA 107, the Court hereby sentences the accused to suffer the penalty of RECLUSION PERPETUA , with the accessory penalties of the law; to pay the heirs of Leonito Doliente funeral expenses in the sum of P25,000.00; death indemnity in the sum of P50,000.00 ( People v. Tazarra, G.R. No. 85531, Dec. 12, 1990), without subsidiary imprisonment in case of insolvency, and to pay the costs. The charge(s) in both cases, as against accused Teodoro Clemen, for lack of evidence, is hereby dismissed. His immediate release is hereby ordered unless he is detained legally in another commitment. Accused Tirso Arcay, who has been detained is credited in full period of his preventive imprisonment, pursuant to Article 29 of the Revised Penal Code, as amended. SO ORDERED.