G.R. No. 118091 - PEOPLE OF THE PHILIPPINES, VS. WILFREDO VIERNES, JOEL SOSA, CORNELIO INCIANO, AND ROMY PATULAY, ACCUSED-.

Ruling

WHEREFORE, the Court hereby finds the accused Wilfredo Viernes, Joel Sosa, Cornelio Unciano and Romy Patulay (guilty) of the crime of murder defined and penalized by Art. 248 of the Revised Penal Code, qualified by the aggravating circumstance of evident premeditation. The aggravating circumstances of abuse of superior strength and night time were also present." The decision was amended on 11 May 1994, to read as follows: "x x x The accused are therefore sentenced to suffer imprisonment in reclusion perpetua, there being two aggravating circumstances and except for Wilfredo Viernes who pleaded guilty, no mitigating circumstance, with all its accessory penalties. They are further directed to indemnify the heirs of the deceased jointly and severally Fifty thousand (P50,000.00) pesos, to pay them twenty thousand (P20,000.00) pesos in moral damages and Ten thousand (P10,000.00) pesos in exemplary damages. While Wilfredo Viernes is entitled to the beneficial effects of one mitigating circumstance, the same is nullified by the aggravating circumstance of night time. There remains one other aggravating circumstance against him, that of abuse of superior strength. The penalty therefore is the same as the other accused. SO ORDERED.