Cited Laws
TL;DR — Ruling
WHEREFORE, premises considered, judgment is hereby rendered finding the herein six (6) accused, Amadeo Broncano, Hernani Broncano, Guillermo Broncano, Diosdado Broncano, Dioscoro Broncano and Antonio Varela guilty beyond reasonable doubt of the crime of MURDER and sentencing them to the penalty of RECLUSION PERPETUA with all the accessory penalties provided therefor.
Accordingly, the trial court held: Consequently, this Court after careful examination and analysis of the entire evidence on record cannot but come to the inescapable conclusions [sic] that all of the herein accused are guilty of the crime of Murder charged against them for the merciless and brutal killing of the late Renato Canuel and for which they should be meted the full measure of the law. Likewise they are civilly liable to the heirs of said deceased consisting of his wife Alicia Canuel and children for his untimely death and which civil liability the Court fixes at Fifty Thousand Pesos (P50,000.00) as death indemnity; Thirteen Thousand Six Hundred Twenty-Five Pesos (P13,625.00) as actual damages for expenses incurred for the interment, Borbes Funeral Homes, etc.; P100,000.00 as moral damages and another Fifty Thousand Pesos (50,000.00) as loss of earning capacity or a grand total of TWO HUNDRED THIRTEEN THOUSAND SIX HUNDRED TWENTY-FIVE PESOS (213,625.00). The killing of Renato Canuel is truly MURDER since the qualifying circumstances of treachery, evident premeditation, superior strength and night time purposely sought are all present. In view hereof, the prosecutions motion for the recall and cancellation of bail posted by all the herein accused is granted and said bails are ordered cancelled immediately. The accused should already be detained and sent to the National Penitentiary or Bureau of Prisons at Muntinlupa, Rizal immediately. This is also pursuant to Administrative Circular No. 2-92 dated January 20, 1992 of the Supreme Court of the Philippines. WHEREFORE, premises considered, judgment is hereby rendered finding the herein six (6) accused, Amadeo Broncano, Hernani Broncano, Guillermo Broncano, Diosdado Broncano, Dioscoro Broncano and Antonio Varela guilty beyond reasonable doubt of the crime of MURDER and sentencing them to the penalty of RECLUSION PERPETUA with all the accessory penalties provided therefor. As regards their civil liability, this Court also orders all of the above-named six accused to pay the heirs of the late Renato Canuel, jointly and severally the total amount of TWO HUNDRED THIRTEEN THOUSAND and SIX HUNDRED TWENTY-FIVE PESOS (P213,625.00) representing the death indemnity, moral and actual damages, loss of earning capacity of said deceased and to pay the costs hereof. Hence, this appeal. First. Accused-appellants contend that Eduardo and Efren Bello could not have hidden in the cornfield, which was only five (5) meters from the scene of the killing, without being noticed by accused-appellants. If Eduardo and Efren were fleeing from the armed men who allegedly entered their house, they should have gone very far. We find no reason to doubt the finding of the trial court that the prosecution witnesses really saw the assailants because there was light coming from a petromax lamp in the kitchen in Bellos house, just two meters away from the scene of the crime. The wall of the kitchen was made of bamboo slats pla
G.R. No. 148627 - PEOPLE OF THE PHILIPPINES, VS. JENELITO IBAÑEZ @ “JEN”, JOVY IBAÑEZ, DANILO IBAÑEZ @ “TABUNO”, AND FERNANDO DELA PAZ @ “NENE CALVO”. D E C I S I O N - Supreme Court E-Library
G.R. No. 148627 -
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G.R. No. 208446 -