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FIRST DIVISION

G.R. No. L-48744 June 29, 1984

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. FRANCISCO CENTENO alias "Panchito", JUAN CENTENO alias "Totok" and MANUEL CENTENO alias "Iyao", Defendants-Appellants.

GUTIERREZ, JR., J.:

The accused-appellants, Francisco Centeno alias "Panchito", Juan Centeno ahas "Totok" and Manuel Centeno alias "Iyao", were charged with the crime of murder in an information filed on July 10, 1972 with the Court of First Instance of Iloilo, 11th Judicial District. The information alleged that the three (3) accused, conspiring and working together, armed with firearms and with treachery and evident premeditation inflicted wounds on Nestor Asistido which caused his death.chanroblesvirtualawlibrary chanrobles virtual law library

On April 18, 1974, the trial court found the accused-appellants guilty beyond reasonable doubt of the crime of homicide with the aggravating circumstance of their having taken advantage of superior strength which was offset by the mitigating circumstance of voluntary surrender and sentenced each of them to suffer imprisonment of not less than six (6) years, eight (8) months and one (1) day of prision mayor, as minimum, to not more than fifteen (15) years, six (6) months and twenty-one (21) days of reclusion temporal, as maximum, with all the accessory penalties provided for by law, to indemnify the heirs of the deceased the sum of Twelve Thousand Pesos (P12,000.00) for the death of Nestor Asistido, and in addition thereto the sum of Thirty-three Thousand Six Hundred Ninety-six Pesos (P33,696.00) for loss of income, plus Ten Thousand Pesos (P10,000.00) for moral damages, and to pay the costs.chanroblesvirtualawlibrary chanrobles virtual law library

The decision of the trial court was appealed to the then Court of Appeals.chanroblesvirtualawlibrary chanrobles virtual law library

On July 14, 1978, in a decision penned by Associate Justice Ameurfina A. Melencio-Herrera and concurred in by Associate Justices Lorenzo Relova and Simeon M. Gopengco, the Court of Appeals found from the records that the circumstances of treachery and evident premeditation were clearly attendant to the commission of the crime and, therefore, found the accused-appellants guilty of murder as charged in the information. According to the appellate court, the penalty prescribed by Article 248 of the Revised Penal Code for the crime of murder is reclusion temporal in its maximum period to death. Following Section 34 of the Judiciary Act and Section 12 of Rule 124 of the Rules of Court, however, the Court of Appeals refrained from entering judgment and certified the case to this Court for final determination.chanroblesvirtualawlibrary chanrobles virtual law library

On October 30, 1981, this Court after discussing the guidelines in People v. Daniel (86 SCRA 511) on the preliminary issue therein promulgated a resolution which, inter alia, reads:

Accordingly, We refrain from passing on the correctness of the assessment of the evidence by the Court of Appeals which We find to be sufficiently thorough and exhaustive, and let said Court determine for itself what the proper penalty should be under its own analysis of the evidence, in accordance with the aforecited ruling of People v. Daniel, supra.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, let this case be returned to the Court of Appeals for proper action as above indicated.

We have carefully reviewed the entire records of this appeal. We find correct the factual findings and conclusions of law in the amended decision penned by Associate Justice Rodolfo A. Nocon and concurred in by Associate Justices Juan A. Sison and Federico B. Alfonso of the Intermediate Appellate Court. We, therefore, adopt the said decision in its entirety and append it as an integral part of this decision. The award for accused actual moral damages, being supported by evidence, is affirmed.chanroblesvirtualawlibrary chanrobles virtual law library

Following the precedent set in People v. de la Fuente (126 SCRA 518) wherein this Court increased the civil liability awarded by the trial court to Thirty Thousand Pesos (P30,000.00), the award of Twelve Thousand Pesos (P12,000.00) as indemnification for the death of Nestor Asistido is increased to Thirty Thousand Pesos (P30,000.00).chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, this Court finds the accused-appellants Francisco Centeno alias "Panchito", Juan Centeno alias "Totok" and Manuel Centeno alias "Iyao" guilty beyond reasonable doubt of the crime of Murder. The sentence of imprisonment imposed by the trial court on each of the accused-appellants is MODIFIED to RECLUSION PERPETUA and the Twelve Thousand Pesos (P12,000.00) awarded as indemnification is increased to THIRTY THOUSAND PESOS (P30,000.00). In all other respects, the judgment of the trial court is AFFIRMED.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.