G.R. No. 250895 - PEOPLE OF THE PHILIPPINES, VS. MARIO LALAP, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

ACCORDINGLY, finding herein accused Mario Lalap y Vergara guilty beyond reasonable doubt as principal by direct participation of the crime of Murder with the qualifying circumstance of treachery which is penalized under Article 248 of the Revised Penal Code, as amended by R.A. 7659, said accused is hereby sentenced to suffer the penalty of RECLUSION PERPETUA with all the accessory penalties as provided for by law. The accused is hereby directed to indemnify the heirs of the victim Honorio Villanueva the amount of P4,051.60 as actual damages spent on medical expenses wherein which said amount is supported by receipts: the amount of P75,000.00 as civil indemnity which is consistent with the prevailing jurisprudence: the amount of P50,000.00 as moral damages also in accordance with prevailing rules: the amount of P25,000.00 as exemplary damages pursuant to Article 2230 of the New Civil Code since the qualifying circumstance of treachery was firmly established in the instant case and likewise, the accused is hereby directed to pay the heirs of the victim the amount of P25,000.00 as temperate damages on the reasonable assumption that when death occurs, the family of the victim incurred expenses for the wake and funeral of the victim. The indemnity for loss of earning capacity to the victim's heirs could not be awarded because no documentary evidence was presented by the prosecution to substantiate this claim. SO ORDERED.