G.R. No. 119477 - EDDIE TALAY, BAYANI TALAY AND EDGARDO MAIGUE, JR., VS. COURT OF APPEALS AND PEOPLE OF THE PHILIPPINES.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, based on the evidence as adduced, judgment is hereby rendered finding accused EDGARDO MAIGUE, EDDIE TALAY and BAYANI TALAY GUILTY beyond reasonable doubt, of the crime of HOMICIDE, as provided for and penalized under Art. 249 of the Revised Penal Code and as charged against them in the Information and taking into account the benign provisions of the Indeterminate Sentence Law, of which accused are deserving, the Court hereby sentences them to suffer an indeterminate penalty of imprisonment ranging from: EIGHT (8) years, SIX (6) months & ONE (1) day of prision mayor , as MINIMUM - to - SIXTEEN (16) years, SIX (6) months & ONE (1) day of reclusion temporal, as MAXIMUM. Further, they are hereby ordered to pay, jointly and severally, the heirs of the late RONALDO MONTOYA, the following: (1) P 50,000.00 - for moral damages to compensate the heirs for the excruciating moral pain and anguish that they suffered as a result of the death of their son; (2) P 50,000.00 - for exemplary damages; (3) P 40,000.00 - as reimbursement for expenses incurred as a result of the death of Ronaldo Montoya; and to pay the costs of this proceedings ( sic ). [4] Eddie Talay, Bayani Talay and Edgardo Eddie Maigue, Jr. appealed to the Court of Appeals [5] which affirmed with modification the trial courts decision. In its decision dated May 31, 1994, the Court of Appeals ruled: WHEREFORE, finding no reversible error in the appealed decision, the same is hereby AFFIRMED with the modification that in lieu of the exemplary damages awarded therein which is hereby deleted, the three (3) accused-appellants are hereby ordered to pay, jointly and severally, the heirs of the late Rolando [6] Montoya the amount of P 50,000.00 as civil indemnity in accordance with the prevailing jurisprudence. Costs against the appellants. [7] Hence, this petition for review filed by Eddie Talay, Bayani Talay and Edgardo Eddie Maigue, Jr. (collectively petitioners, for brevity). The Facts There is no dispute that Ronaldo Montoya was shot twice with a handgun on December 26, 1981 at around 6:30 oclock in the evening near the store of one Marina Castillo. Ronaldo Montoya died because of two gunshot wounds. The prosecution pointed to Eddie Talay, Bayani Talay and Edgardo Eddie Maigue, Jr., Cesar Toti Amiscosa and an unidentified companion of their group as co-principals in a conspiracy to kill the victim. On the other hand, the defense pointed to an unknown and unidentified man as the one who pulled the trigger twice on Ronaldo Montoya. Version of the Prosecution The prosecution presented seven witnesses. Marina Castillo, a storeowner, Ramoncito Ramos, the victims companion during the shooting, Nieto Toledo, son of the barangay captain, and Oscar Montoya, father of the victim, who were all at the scene of the crime when the shooting occurred, gave their eyewitness accounts. Dr. Engracia dela Cruz testified on the results of the autopsy, policeman Rodelo Sumadsad testified that he