G.R. NO. 132925 - MARCIAL SIENES, BENITO SIENES, RICO SIENES AND ROGER BANAYBANAY, VS. PEOPLE OF THE PHILIPPINES E C I S I O N - Supreme Court E-Library

Ruling

accordingly, thus: WHEREFORE, premises considered and of the fact that the prosecution has proved the guilt of the four (4) accused beyond reasonable doubt, the court hereby finds the accused Marcial Sienes, Benito Sienes (alias Baby Sienes), Rico Sienes, and Roger Banaybanay (alias Boboy Sienes) guilty of the crime of murder, as charged. The accused, Marcial Sienes is entitled to the benefit of the mitigating circumstance of voluntary surrender in his favor, with no aggravating circumstance to offset the same and, applying the Indeterminate Sentence Law, he is hereby sentenced to suffer the penalty of Fourteen (14) years, Eight (8) months and One (1) day to Seventeen (17) years, Four (4) months. With regards to the three (3) other co-accused, namely: Benito Sienes (alias Baby Seines), Rico Sienes and Roger Banaybanay (alias Boboy Seines), there being no aggravating and mitigating circumstance, to offset each other, and applying the Indeterminate Sentence Law, the Court hereby sentences them to suffer the penalty of Seventeen (17) years, Four (4) months and One (1) day to Twenty (20) years. All the four (4) accused shall indemnify, jointly and severally, the heirs of the deceased-victim, Felipe de la Cruz, the sum of Thirty Thousand (P30,000.00) Pesos as jurisprudential damages, plus the actual damages/expenses suffered in the sum of Six Thousand (P6,000.00) Pesos, representing Two Thousand (P2,000.00) Pesos for embalming costs, One Thousand (P1,000.00) for tomb-making expenses and Three Thousand Pesos for wake and vigil expenses, with an additional Five Thousand (P5,000.00) Pesos, as moral damages, and to pay the costs of the proceedings. SO ORDERED.