G.R. No. 128887 - PEOPLE OF THE PHILIPPINES, VS. EDGARDO AQUINO Y PUMAWAN @ "EDDIE AQUINO," ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, since the killing was not attended by treachery or any other qualifying circumstance, EDGARDO should be held guilty of homicide only, which is punishable by reclusion temporal under Article 249 of the Revised Penal Code. The generic aggravating circumstance of dwelling having been offset by the mitigating circumstance of voluntary surrender and there being no other modifying circumstance, the imposable penalty is reclusion temporal in its medium period. Applying the Indeterminate Sentence Law, EDGARDO should be sentenced to suffer an indeterminate penalty of eight (8) years and one (1) day of prision mayor as minimum to seventeen (17) years and four (4) months of reclusion temporal as minimum. The awards of P 50,000 as moral damages and P 2,500 as actual damages for burial expenses incurred by the family of the victim are proper, as they were duly proved. [17] So is the award of exemplary damages, the crime having been committed with one aggravating circumstance. [18] WHEREFORE , the challenged decision of Branch 75 of the Regional Trial Court of Olongapo City in Criminal Case No. 56-96 is MODIFIED. As modified, accused-appellant EDGARDO AQUINO y PUMAWAN is found guilty beyond reasonable doubt, as principal, of the crime of homicide, defined and penalized under Article 249 of the Revised Penal Code, and is hereby sentenced to suffer an indeterminate penalty ranging from eight (8) years and one (1) day of prision mayor as minimum to seventeen (17) years and four (4) months of reclusion temporal as maximum. The awards of P 50,000 as indemnity, P 50,000 as moral damages, P 30,000 as exemplary damages, and P 2,500 as actual damages stand. Costs against accused-appellant. SO ORDERED.