PEOPLE OF THE PHILIPPINES, vs. JESUS DELA CRUZ, DEMEROLD AYADO and ABECIDUEÑO AJEDO, JR.s.
- G.R. Number: G.R. No. 68319
- Promulgated: 1992-03-31
- Ponente: Davide, Jr., J.
Doctrine
When neither mitigating nor aggravating circumstances obtain in a murder case, the medium of the penalty—reclusion perpetua—may be imposed following the doctrine in a prior rulingñoz.
Indemnity awarded by trial courts in similar cases should be adjusted in conformity with recent rulings; here the Court increased the award to P50,000.00.
Facts
An information was filed on 28 October 1982 charging Jesus dela Cruz, Demerold Ayado and Abecidueño Ajedo, Jr. with murder before the Court of First Instance of Cabarroguis, Quirino.
The complaint alleged that on or about 21 July 1982 in Diffun, Quirino, the three accused conspired and, with treachery and premeditation using bladed instruments and stones, attacked and inflicted multiple wounds on Felipe Natura resulting in his death.
The trial court sentenced the three accused to reclusion perpetua and ordered indemnification of the heirs in the amount of Thirty Thousand Pesos (P30,000.00), later addressed on appeal.
Issues
Whether the conviction for murder should be affirmed.
Whether the indemnity awarded by the trial court should be modified.
Ruling
The Court affirmed the conviction and sentence of reclusion perpetua on the appealed decision.
The Court modified the indemnity, increasing it from P30,000.00 to P50,000.00; costs against the accused-appellants.
Keywords
G.R. No. 68319, Murder, Article 248 of the Revised Penal Code, conspiring together and mutually helping one another, treachery, evident premeditation, aggravating circumstances, superiority in numbers, insult to or disregard to the respect due to offended party by reason of his age, nighttime to facilitate its commission, Criminal Case No. 380, reclusion perpetua, indemnify the heirs of the victim, jointly and severally, People vs. Dela Fuente (G.R. Nos. 6351-52), People vs. Romeo Villanueva, et. al. (G.R. No. L-32274), new trial, excusable neglect, newly discovered evidence, penalty of reclusion perpetua