G.R. NO. 156521 - JULITO OPERIANO, VS. PEOPLE OF THE PHILIPPINES. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in Criminal Case No. 9571, the Court finds accused Justino Operiano and Julito Operiano, guilty beyond reasonable doubt of the crime of Homicide, defined and penalized under Article 249 of the Revised Penal Code, as embraced in the aforequoted information. Appreciating in favor of the accused the mitigating circumstance of lack of intent to commit so grave a wrong, the said circumstance not having been offset by any aggravating circumstance adduced and proven during the trial, and applying the Indeterminate Sentence Law, the Court hereby sentences both accused to suffer the indeterminate penalty of imprisonment from SIX (6) YEARS and ONE (1) DAY of Prision Mayor, as minimum, to TEN (10) YEARS of Prision Mayor, as maximum, with the accessory penalties of the law, to indemnify the heirs of the victim, damages in the sum of P50,000.00; funeral expenses in the amount of P20,000.00; attorney's fees in the sum of P10,000.00 and to pay the costs. The accused are hereby credited in full of the period of their preventive imprisonment in accordance with Article 29 of the Revised Penal Code, as amended. SO ORDERED.