G.R. No. 138233 - PEOPLE OF THE PHILIPPINES, VS. RONIL ABUNDO Y CALVO; BRIXCIO CALVO (AT LARGE); HENRY AGO (DECEASED); AND ROLANDO BOLAMBOT Y VELASCO, ACCUSED,RONIL ABUNDO Y CALVO AND ROLANDO BOLAMBOT Y VELASCO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds the evidence of the prosecution insufficient to prove the charge of robbery with homicide as it has not conclusively proven that the primary object of the accused in committing the crime was robbery. The Court, however, finds accused Ronil Abundo y Calvo and Rolando Bolambot y Velasco guilty beyond reasonable doubt of the crime of MURDER defined in Art. 248 of the Revised Penal Code, as amended by Republic Act No. 7659 qualified by treachery and accordingly sentences each of the accused to suffer the penalty of imprisonment of from twenty (20) years to Forty (40) years of reclusion perpetua together with the accessory penalties provided for by law. "They shall be imprisoned at the Davao Prison and Penal Farm at Panabo, Davao del Norte and entitled to the benefits of their preventive imprisonment crediting in the service of their sentence the full time during which they have undergone preventive imprisonment if they agree voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners conformably with Art. 29 of the Revised Penal Code, as amended. "Accused Ronil Abundo y Calvo is ordered to indemnify the heirs of Alberto Martinez the amount of P50,000.00. Accused Rolando Bolambot y Velasco is likewise ordered to indemnify the heirs of Ramil Eugenio the same amount of P50,000.00. In addition, both accused are hereby ordered to pay in solidum the amount of Sixteen Thousand Pesos (P16,000.00) representing burial expenses and expenses incurred during the 9-day wake as well as the amount of P5,300.00 representing funeral services. "The case against accused Henry Ago and Brixcio Calvo are ordered placed in the archives until the above-named accused who are still at large shall have been arrested. Let warrants for their arrest be issued furnishing the lead agencies of the government tasked with the enforcement of the law copy of the warrants. "IT IS SO ORDERED.