ChanRobles Virtual law Library

PEOPLE OF THE PHILIPPINES,
          Plaintiff-Appellee,

G. R. No. L-45966

December 14, 1978

MARIO MARIANO y ALEJANDRO, alias "NEGRO",
               Defendant-Appellant.
 
 

PER CURIAM:

It appearing that the accused has died and this case has been dismissed insofar as the criminal liability of the accused is concerned, with Justice Barredo voting for the unqualified dismissal thereof, the dispositive part of the decision is modified to read as follows:

WHEREFORE, the decision appealed from is hereby affirmed with the elimination of the death penalty imposed. The heirs of the victim, Luningning Mapola y Diwata, are entitled to recover from the estate of the accused, Mario Mariano y Alejandro alias "Negro", the sum of Twelve Thousand Pesos [P12,000.00] for the death of the victim and the sum of Eight Thousand Pesos [P8,000.00] as moral damages.

SO ORDERED.

Castro, C.J., Fernando, Teehankee, Barredo, Makasiar, Antonio,
Concepcion, Jr., Santos, Fernandez, and Guerrero, JJ., concur.