LENIDO LUMANOG AND AUGUSTO SANTOS, VS. PEOPLE OF THE PHILIPPINES.

Ruling

ACCORDINGLY, judgment is hereby rendered as follows: x x x V. In Criminal Case No. Q-96-66684, for Murder,: 1. Accused Arturo Napolitano y Caburnay is hereby ACQUITTED; 2. Accused SPO2 Cesar Fortuna y Abudo, Rameses de Jesus y Calma, Leonardo Lumanog y Luistro (a.k.a. Leonido or Lenido), Joel de Jesus y Valdez, and Augusto Santos y Galang are hereby found GUILTY beyond reasonable doubt as co-principals of the crime of MURDER as defined and penalized in the Revised Penal Code for the death of ex-Col. Rolando Abadilla y Nolasco with the aggravating circumstances of treachery (absorbing abuse of superior strength) and evident premeditation and they are hereby sentenced to suffer the penalty of DEATH; 3. Accused Lorenzo delos Santos y dela Cruz is hereby ACQUITTED. On the civil aspect, accused SPO2 Cesar Fortuna y Abudo, Rameses de Jesus y Calma, Leonardo Lumanog y Luistron (a.k.a. Leonido or Lenido), Joel de Jesus y Valdez and Augusto Santos y Galang are hereby ordered jointly and solidarily to pay the heirs of the deceased ex-Col. Rolando Abadilla y Nolasco the following: As actual damages, the sum of P294,058.86; As indemnity damages, the sum of P50,000.00; As moral damages, the sum of P500,000.00; As exemplary damages, the sum of P500,000.00. The firearm, one (1) Smith & Wesson .38 caliber revolver with Serial No. 980974, subject of Case No. Q-96-66680 is hereby ordered returned to Lorenzo delos Santos y dela Cruz. The firearm, one (1) Amscor .38 caliber revolver with Serial No. 21907, subject of Case No. Q-96-66683 is hereby ordered forwarded to the PNP Firearms and Explosives Division, Camp Crame, Quezon City for safekeeping in accordance with law and as said firearm belongs and is licensed to accused Leonardo Lumanog y Luistro (a.k.a. Leonido or Lenido) who has been sentenced in Case No. Q-96-66684 for Murder, until further orders from this court. Costs against the accused. Let the entire records of these cases be transmitted forthwith to the Honorable Supreme Court for automatic review, in accordance with law and the Rules of Court. SO ORDERED.