G.R. No. 132330 -

Ruling

WHEREFORE , the Decision of the court a quo in Crim. Cases Nos. 11619-R to 11622-R imposing reclusion perpetua for the two (2) counts of murder and the indeterminate prison term of prision mayor in its medium period to reclusion temporal in its medium period for two (2) counts of frustrated murder on both accused-appellants SPO1 Jose Bangcado and PO3 Cesar Banisa is MODIFIED as follows: 1. In Crim. Case No. 11619-R, accused-appellant SPO1 Jose Bangcado is found GUILTY of murder under Art. 248 of the Revised Penal Code qualified by treachery, and is sentenced to reclusion perpetua and to pay the heirs of the victim Richard Lino P75,000.00 as indemnity for his death, P59,300.00 as actual damages, P200,000.00 as moral damages, and to pay the costs; 2. In Crim. Case No. 11620-R, accused-appellant SPO1 Jose Bangcado is found GUILTY of murder under Art. 248 of the Revised Penal Code, qualified by treachery, and is sentenced to reclusion perpetua and to pay the heirs of the victim Leandro Adawan P75,000.00 as indemnity for his death, P93,100.00 as actual damages, P200,000.00 as moral damages, and to pay the costs; 3. In Crim. Case No. 11621-R, accused-appellant SPO1 Jose Bangcado is found GUILTY of frustrated murder under Art. 248 in relation to Art. 6 of the Revised Penal Code. Applying the Indeterminate Sentence Law , and in the absence of modifying circumstances, he is sentenced to an indeterminate prison term of eight (8) years two (2) months and ten (10) days of prision mayor medium, as minimum, to fourteen (14) years four (4) months and ten (10) days reclusion temporal medium, as maximum, for the frustrated murder of the victim Julio Clemente, and pay him P100,000.00 as moral damages, and to pay the costs; and, 4. In Crim. Case No. 11622-R, accused-appellant SPO1 Jose Bangcado is found GUILTY of frustrated murder under Art. 248 in relation to Art. 6 of the Revised Penal Code. Applying the Indeterminate Sentence Law , and in the absence of modifying circumstances, he is sentenced to an indeterminate prison term of of eight (8) years two (2) months and ten (10) days of prision mayor medium, as minimum, to fourteen (14) years four (4) months and ten (10) days of reclusion temporal medium, as maximum, for the frustrated murder of Pacson Cogasi, and pay him P100,000.00 as moral damages, and to pay the costs. There being no finding of conspiracy with accused-appellant SPO1 Jose Bangcado, PO3 Cesar Banisa is ACQUITTED of all the charges against him and, consequently, is ordered released from custody in connection with herein cases, unless he is held for other lawful causes. SO ORDERED.