G.R. No. 140227 - PEOPLE OF THE PHILIPPINES, VS. ERWIN T. OTAYDE ALIAS BOY OTAYDE, JIMMY B. QUINTANA ALIAS OTTO, CABAGUE MAMA AND KUMAYOG M. PANANSARAN ALIAS RAMBO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, upon all the foregoing considerations, the Court finds the accuseds (sic), Erwin Otayde alias Boy Otayde, Jimmy B. Quintana alias Otto, Cabague Mama and Kumayog M. Panansaran alias Rambo, guilty beyond reasonable doubt of the crime of ROBBERY WITH HOMICIDE AND ASSAULT UPON A PERSON IN AUTHORITY. Accordingly, however, unpleasant, even painful is the compliance with its duty to apply the penalty provided by law, the Court hereby sentences the accuseds (sic), Erwin Otayde alias Boy Otayde, Jimmy B. Quintana alias Otto, Cabague Mama and Kumayog M. Panansaran alias Rambo: (a) to suffer the extreme penalty of DEATH; (b) to jointly and severally indemnify the heirs of the deceased victim, Barangay Captain Eduardo Cejar, the sum of FIFTY THOUSAND (P50,000.00) PESOS, as statutory indemnity for the death of the said deceased victim; (c) to jointly and severally indemnify the heirs of the deceased victim, Barangay Captain Eduardo Cejar, the total amount of FORTY EIGHT THOUSAND TWO HUNDRED (P48,200.00) PESOS, by way of actual damages representing expenses incurred as a result of the death, wake and burial of the said deceased victim; (d) to jointly and severally return to the heirs of the deceased victim, Barangay Captain Eduardo Cejar, the amount of THREE THOUSAND (P3,000.00) PESOS seized inside a piggy bank, as well as, the amount of TWO HUNDRED (P200.00) PESOS, seized inside a wallet, and a wristwatch or to pay its actual price of ONE THOUSAND (P1,000.00) PESOS, as parts of the reparation, to be returned to or to be paid by the accuseds (sic); and (e) to pay the costs. IT IS SO ORDERED.