G.R. No. 214453 - PEOPLE OF THE PHILIPPINES, VS. BERNABE P. PALANAS ALIAS "ABE", ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, his defense of alibi must fall. Anent the proper penalty to be imposed upon Palanas, Section 3 of RA 9346 [37] provides that "[p]ersons convicted of offenses punished with reclusion perpetua , or whose sentences will be reduced to reclusion perpetua , by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended." Pursuant thereto, Palanas should be sentenced to suffer the penalty of reclusion perpetua , without eligibility for parole . [38] Finally, to conform with prevailing jurisprudence, the Court increases the amounts of damages awarded to the heirs of SPO2 Borre, as follows: ( a ) P75,000.00 as civil indemnity; ( b ) P75,000.00 as moral damages; and ( c ) P30,000.00 as exemplary damages, [39] all with interest at the rate of six percent (6%) per annum from the date of finality of judgment until the same are fully paid. [40] WHEREFORE, the appeal is DENIED . The Decision dated January 16, 2014 of the Court of Appeals in CA-G.R. CR HC No. 04925 finding accused-appellant Bernabe P. Palanas alias "Abe", GUILTY beyond reasonable doubt of the crime of Murder as defined and punished under Article 248 of the Revised Penal Code is hereby AFFIRMED WITH MODIFICATION , in that he is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole, and ordered to pay the heirs of SPO2 Ramon Borre y Orio the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P30,000.00 as exemplary damages, and P2,464,865.07 as actual damages, all with legal interest at the rate of six percent (6%) per annum from the finality of judgment until full payment. SO ORDERED.