G.R. No. 132069 - PEOPLE OF THE PHILIPPINES, VS. JOSE T. OBOSA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding accused Jose Obosa guilty beyond reasonable doubt of the commission of the offense of homicide in two counts, as defined and penalized in Art. 249 of the Revised Penal Code, there being no aggravating or mitigating circumstance that attended the commission of the offense, he is hereby sentenced in each case to suffer an indeterminate penalty of imprisonment from eight (8) years and one (1) day of prision mayor medium as minimum to seventeen (17) years and four (4) months of reclusion temporal medium as maximum, to pay the heirs of Secretary Jaime Ferrer the sum of P30,000.00 for the lost of his life and another sum of P30,000 for moral damages and also to the heirs of Jesus Calderon the sum of P30,000 for the lost of his life and another P30,000.00 for moral damages, and to pay the costs of suit. The preventive imprisonment accused Jose Obosa may have undertaken shall be deducted from the term of imprisonment imposed herein to its full extent if he signed an agreement to abide by the same rules upon convicted prisoners while in confinement or only four-fifths (4/5) there of if he has not signed said agreement, pursuant to Art. 29 of the Revised Penal Code, as amended by Republic Act No. 6127. Considering that accused Nieves Constancio was at the time of the commission of the offense only seventeen years of age and classified as a youthful offender, pursuant to Art. 192 of Presidential Decree No. 603, otherwise known as the Child and Youth Welfare Code, the imposition and promulgation of the sentence on him is hereby suspended and he is committed to the custody and care of the Rehabilitation Center of the Department of Social Services and Development at the Boy's Town Vicente Madrigal, Tanay, Rizal, until he reaches the age of twenty-one (21) or a shorter period depending on the report and recommendation of the Department of Social Services and Development. The Officer concerned at the said Rehabilitation Center is ordered to submit to this Court every four (4) months a written report on the conduct of the accused as well as his intellectual, physical, moral, social and emotional progress. Depending on the report and recommendation of the Department of Social Services and Development, the accused shall, when the proper time comes, be dealt with under Art. 195 or Art. 196 of P.D. 603. For lack of proof beyond reasonable doubt as against accused Victoriano Totaan, he is hereby acquitted of the offense charged against him in the information. The bail bond posted by him is hereby cancelled. SO ORDERED.