G.R. Nos. 148712-15 - PEOPLE OF THE PHILIPPINES, VS. DOMINADOR CACHOLA Y SALAZAR, ERNESTO AMAY Y PASCUA, NESTOR MARQUEZ Y MANUEL, BENJAMIN LAEGEN Y CAMADO, RODOLFO SAGUN Y JIMENEZ, RODEMIR GUERZO Y LATAOAN, MELLKE IGNACIO Y SALVADOR, AND NELSON C. ECHABARIA.DECISION - Supreme Court E-Library

Ruling

accordingly be imposed. But in the cases of Victorino and Rubenson, in Criminal Cases Nos. 2323 and 2326, there being no aggravating or mitigating circumstance, the penalty should be reclusion perpetua , which is the lower of the two indivisible penalties prescribed by law. As regards the civil liability of appellants Cachola and Amay, we hold them jointly and severally liable to pay the heirs of each of the victims death indemnity and moral damages each in the amount of P50,000, or a total of P400,000. They are further ordered to pay the respective heirs of Carmelita and Felix Jr. exemplary damages in the amount of P25,000, or a total of P50,000, in view of the presence of one aggravating circumstance in the commission of the crime against the said victims. As to the claim for damages by Felix Barnachea Sr. in the amount of P177,000, we sustain the same even if only a list of expenses, [37] not official receipts, was submitted because such amount was admitted by the defense during the trial. [38] Moreover, although there is no evidence as to the amount spent as a result of the death of Victorino and Rubenson, their respective heirs shall be awarded temperate damages in the amount of P25,000, since they clearly incurred funeral expenses. [39] WHEREFORE , the assailed decision dated 26 September 2000 of the Regional Trial Court of Bauang, La Union, Branch 67, is hereby AFFIRMED insofar as DOMINADOR CACHOLA y SALAZAR and ERNESTO AMAY y PASCUA are found GUILTY of four counts of murder in Criminal Cases Nos. 2323-26 and sentenced to suffer the supreme penalty of death in Criminal Cases Nos. 2324 and 2325. The said decision is, however, MODIFIED in that they are (1) sentenced to suffer the penalty of reclusion perpetua , instead of death , in Criminal Cases Nos. 2323 and 2326; and (2) ordered to pay, jointly and severally, the following damages: P50,000 as death indemnity in favor of the heirs of each victim, or a total of P200,000; P50,000 as moral damages in favor of the heirs of each victim, or a total of P200,000; P25,000 as exemplary damages in favor of the respective heirs of Carmelita Barnachea and Felix Barnachea Jr., or a total of P50,000; P177,000 as actual damages in favor of the heirs of Carmelita Barnachea and Felix Barnachea Jr.; and P25,000 as temperate damages in favor of the respective heirs of Rubenson Abance and Victorino Lolarga, or a total of P50,000. The assailed decision is REVERSED insofar as appellants NESTOR MARQUEZ y MANUEL, BENJAMIN LAEGEN y CAMADO, RODOLFO SAGUN y JIMENEZ, RODEMIR GUERZO y LATAOAN, MELLKE IGNACIO y SALVADOR, and NELSON C. ECHABARIA are concerned, and another one is hereby rendered (1) acquitting them of the crimes charged for insufficiency of evidence; (2) ordering their immediate release from confinement unless their further detention is warranted by virtue of any lawful cause; and (3) directing the Director of the Bureau of Corrections to submit a report on their release within five days from notice here