G.R. Nos. 128816

Ruling

WHEREFORE, judgment is hereby rendered as follows: 1. In Crim. Case No. 4179-V-94, the Court finds accused ALFREDO CABILTO y PACAYRA and ALFREDO MONTAJES y MALINAO guilty beyond reasonable doubt and as principal of the crime of Robbery with Homicide as defined and penalized in Article 294(1) of the Revised Penal Code, without any attending mitigating or aggravating circumstance and thereby sentences each of said accused to suffer a penalty of reclusion perpetua and its accessory penalties. Further, accused Alfredo Cabilto y Pacayra and Alfredo Montajes are sentenced, jointly and severally, to pay the heirs of deceased Jaime Dumago y Balolong the amount of P50,000.00 as indemnity for the death of said deceased; the amount of P75,000.00 as indemnity for the loss of earning capacity of the same deceased, the amount of P50,000.00 as moral damages, and the amount of P30,000.00 as exemplary damages, without subsidiary imprisonment in case of insolvency. Finally, both accused are sentenced to pay the costs of suit. 2. In Crim. Case No. 4180-V-94, the accused ALFREDO CABILTO y PACAYRA is hereby acquitted of the crime charged, his guilt not having been proven beyond reasonable doubt. With costs de officio. 3. In Crim. Case No. 4181-V-94, the accused ALFREDO CABILTO y PACAYRA and ALFREDO MONTAJES y MALINAO are likewise acquitted considering that the crime charged is already absorbed in the crime of Robbery with Homicide filed against them in Crim. Case No. 4179-V-94. With costs de officio. The accused being a (sic) detention prisoners, they shall be credited the preventive imprisonment they have undergone in the service of their sentence. SO ORDERED.