G.R. No. 177361 - ARMANDO VIDAR @ "RICKY", NORBERTO BUTALON,(†) SONNY MARBELLA @ "SPIKE" AND JOHN DOES AND PETER DOES, VS. PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly rendered a Decision [3] on September 2, 2004 finding all of them guilty of the crime of robbery with homicide. The dispositive portion of said Decision reads: WHEREFORE-, premises considered, the Court finds accused Armando Vidar @ "Ricky", Norberto Butalon, and Sonny Marbella @ "Spike" guilty beyond reasonable doubt of the crime of Robbery with Homicide, defined and penalized under Article 294 of the Revised Penal Code with the aggravating circumstance of treachery, and applying the provision of Art. 63, par. 1 of the Revised Penal Code, in relation to Article 294 par. 1 of the Revised Penal Code, the Court hereby sentences each one of them to suffer the maximum penalty of DEATH and to pay jointly and severally, the heirs of the victim the amount of P50,000.00 as civil indemnity and the further sum of P5,500.00 as actual damages, the sum of P50,000.00 as moral damages, the amount of P3,336,768.00 as unearned income and the amount of P50,000.00 as exemplary damages without subsidiary imprisonment in case of insolvency and to pay the costs. The Clerk of Court is hereby ordered to transmit the records of this case to the Honorable Supreme Court for automatic review, and to prepare the Mittimus immediately. The Warden of the Bureau of Jail Management and Penology (BJMP) Sorsogon City and/or Legaspi City is hereby ordered to deliver the accused to the National Penitentiary, Muntinlupa City, with proper escort and security immediately. SO ORDERED.