G.R. No. 136737 - PEOPLE OF THE PHILIPPINES, VS. BEN

Ruling

WHEREFORE, finding the evidence of the prosecution more than sufficient to prove the guilt of the accused beyond reasonable doubt of the offense charged, accused BEN LIBOON pursuant to Article 335 of the Revised Penal Code as amended by Rep. Act 7659 in par. 8 thereof, is imposed the supreme penalty of death by lethal injection under Rep. Act 8493 together with all accessory penalty (sic) provided by law. Moreover, relative to Article 100 in relation to Article 104 of the Revised Penal Code, governing the civil aspect of this case, accused Ben Liboon is furthermore ordered to pay complainant Analyn Caballes the amount of P50,000.00 by way of civil indemnity as decided by the Supreme Court in the case of PP vs. Caballes, G.R. No. 102723-24, promulgated on June 19, 1997. For lack of sufficient evidence to prove moral damages against the accused in the commission of the offense charged, moral damages is denied with costs de oficio. Pursuant to Art. 47, par. 2 of Rep. Act 7659, the Branch Clerk of Court of this court is ordered to immediately elevate the entire records of the case with the Clerk of Court, Supreme Court, Manila for automatic review of the said court of the decision in this case. SO ORDERED.