G.R. No. 177763 - PEOPLE OF THE PHILIPPINES, VS. GARY VERGARA Y ORIEL AND JOSEPH INOCENCIO[1] y PAULINO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE , in the light of the foregoing premises and considerations, this Court hereby renders judgment finding the accused GARY VERGARA Y ORIEL alias GARY and JOSEPH INOCENCIO Y PAULINO alias JOSEPH both GUILTY as principal and accomplice, respectively, for the crime of Murder, as this felony is defined and penalized by Article 248 of the Revised Penal Code, as amended by R.A. 7659, and appreciating in favor of the accused Gary Vergara y Oriel alias Gary the mitigating circumstance of voluntary surrender without any aggravating circumstance to offset the same, the Court hereby sentences said accused Gary Vergara y Oriel alias Gary to suffer the penalty of reclusion perpetua and the other accused Joseph Inocencio y Paulino alias Joseph to suffer an indeterminate penalty of imprisonment ranging from Eight (8) Years and One (1) Day of Prision Mayor, as minimum, to Fourteen (14) Years, Eight (8) Months and One (1) Day of Reclusion Temporal, as maximum, and for them to pay, jointly and severally the Heirs of the deceased Miguelito Alfante the sums of Php51,250.00, as actual damages, Php1,020,000.00, as indemnity for loss of earnings of the same deceased, Php250,00.00 as moral damages, plus costs (sic). [13] Accused-appellants filed their notice of appeal on February 5, 2002 to the Supreme Court. [14] The appeal was accepted by this Court in its Resolution [15] dated September 4, 2002 but was subsequently transferred to the Court of Appeals pursuant to People v. Mateo . [16] As in the Court of Appeals, accused-appellants challenge the court a quos finding of guilt beyond reasonable doubt. They averred that the elements of the crime of murder were not proven. [17] On March 30, 2007, the Court of Appeals affirmed with modification as to the award of damages the Decision of the RTC. The Court of Appeals thus disposed of the appeal in the following manner: WHEREFORE , premises considered the Decision dated December 29, 2001, of the Regional Trial Court (RTC), National Capital Judicial Region, Branch 116, Pasay City is AFFIRMED with MODIFICATION in that the accused-appellants are jointly and severally held liable to pay the heirs of the victim, to the exclusion of his common-law-wife, the following amount, to wit: a. P50,000.00 as civil indemnification; b. P50,000.00 as moral damages; and c. P51,250.00 as actual damages. [18] Hence, this appeal. [19] Accused-appellants confinement was confirmed by the Bureau of Corrections on April 11, 2007. [20] The appellee [21] manifested that it would not file a supplemental brief. On May 13, 2008, accused-appellant Joseph P. Inocencio filed a motion to withdraw his appeal stating that he is no longer interested to pursue an appeal. [22] This Court, in a Resolution dated June 25, 2008, granted the motion of appellant Inocencio and declared the case terminated as far as he is concerned. [23] Due to the failure of accused-appellant Vergaras counsel to file a supplemental brief, the Court, in a Resolution dated Novem