G.R. No. 233319 - PEOPLE OF THE PHILIPPINES, VS. PEDRO ATAMOSA, RENE P. ALCALA, RENATO MARTIZANO ALIAS BOBONG AND TEDDY BENEDICTO, ACCUSED, RENE P. ALCALA, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered as follows, to wit: a. Finding accused Rene P. Alcala and Teddy A. Benedicto guilty beyond reasonable doubt of the offense charged. Accordingly, they are each sentenced to suffer the penalty of reclusion perpetua and each directed to pay the heirs of the victim Richard Tomaquin the amount of Php75,000.00 as death indemnity and another Php75,000.00 as moral damages; and b. Acquitting accused Pedro E. Atamosa of the charge due to the failure of the prosecution to establish his participation in the killing of the victim beyond reasonable doubt as discussed above. However, in this particular case, the act upon which civil liability may arise still exist. In the service of their respective sentences, accused Alcala and Benedicto are entitled to the full time they have undergone preventive imprisonment, if any, pursuant to Article 29 of the Revised Penal Code. Both accused shall serve their respective sentences at the Davao Prison and Penal Farm, B.E. Dujali, Davao del Norte. In view of his acquittal, accused Atamosa is forthwith ordered released from his present confinement at Davao del Norte District Jail unless his continued detention thereat is justified on some other legal grounds. The case against accused Renato Martizano is ordered archived subject to its revival once he is arrested. Done in Chambers, this 12 th day of February, 2014 at Panabo City. [17] Not satisfied with the decision, Alcala appealed the case to the CA. The CA rendered a Decision affirming with modification on the amount of damages awarded. As regard the contention of Alcala that his testimony should be given more weight than that of Lipusan's testimony considering that he was even used by the prosecution as a rebuttal witness which is a strong indication that the latter has ascertained his story to be true, the CA ruled otherwise. It gave full faith and credence to Lipusan's testimony in the absence of improper motive on the part of the latter. The CA disposed the case in this wise: WHEREFORE, the appeal is DISMISSED. The February 12, 2014 Decision of the Regional Trial Court, Branch 34, Panabo City, in Criminal Case No. 356-2008 is AFFIRMED with MODIFICATIONS. In addition to the award of moral damages and civil indemnity of P75,000.00 each in favor of Richard Tomaquin's heirs, the award of exemplary damages of P30,000.00 is also GRANTED. All monetary awards shall earn an interest of 6% per annum from the finality of this judgment until fully paid. SO ORDERED.