G.R. No. 130209 - THE PEOPLE OF THE PHILIPPINES, VS. LARRY LAVAPIE, SIMEON LACHANO, ARNOLD BUATES, SANTOS SAN PASCUAL, SR., SANTOS SAN PASCUAL, JR., REY SAN PASCUAL, BENIGNO CATINA, JR. AND SEVERAL DOES, ACCUSED.LARRY LAVAPIE AND SANTOS SAN PASCUAL, SR., ACCUSED-.D E C I S I O N - Supreme Court E-Li

Ruling

WHEREFORE, premises considered, the Court finds - "1. The accused, Larry Lavapie and Santos San Pascual, Sr., guilty beyond reasonable doubt as principal[s] of the crime of murder defined and penalized under Article [2] 48 of the Revised Penal Code, prior to its amendment by Rep. Act No. 7659, as charged in the information, and there being no generic aggravating nor mitigating circumstances, [the Court] hereby sentences the said accused to suffer the penalty of reclusion perpetua; to pay, jointly and severally the heirs of the deceased, Sonny Sierva, spouses Rogelio and Erlinda Sierva the following: a) P7,000.00 as actual damages, b) P50,000.00 as death indemnity, c) P50,000.00 as moral damages, and to pay the costs; "2. [T]he [other] accused, Santos San Pascual, Jr., Rey San Pascual, Benigno Catina, Jr., and Simeon Lachano, not guilty of the crime charged in the information and [the Court] hereby acquits them thereof for insufficiency of evidence. The bonds posted for their provisional liberty are hereby ordered cancelled and released. "With respect to the accused, Arnold Buates, who was never brought to the jurisdiction of this [C]ourt, let the records of this case be sent to the archives to be revived as soon as this [C]ourt acquires jurisdiction over [the] said accused. "SO ORDERED.