August 2009 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2009 > August 2009 Resolutions >
[G.R. No. 187072 : August 19, 2009] PEOPLE OF THE PHILIPPINES VS. JOSEFINO C. BUNAN @ "PINOY BUNAN :
[G.R. No. 187072 : August 19, 2009]
PEOPLE OF THE PHILIPPINES VS. JOSEFINO C. BUNAN @ "PINOY BUNAN
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the First Division of this Court dated 10 August 2009
G.R. No. 187072- PEOPLE OF THE PHILIPPINES versus JOSEFINO C. BUNAN @ "PINOY BUNAN."
In a decision dated February 20, 2007,[1] accused-appellant Josefino C. Bunan alias "Pinoy Bunan" was found guilty of multiple murder and multiple frustrated murder by the Regional Trial Court (RTC) of San Jacinto, Masbate; Branch 50. He was sentenced to suffer reclusion perpetua and was ordered to indemnify the heirs of the victims P50,000 civil indemnity and P50,000 moral damages and to pay the cost.
On intermediate appellate review,[2] the Court of Appeals affirmed the decision of the RTC in toto.[3]
Both the RTC and the CA found that accused-appellant was the one who hurled a grenade which resulted in the death and serious physical injuries of several persons attending the Barkadahan Christmas Party at Barangay Bayamhan in San Fernando, Masbate on the evening of December 27, 1998.
We find no reason to disturb the findings of the RTC as affirmed by the CA. The records are replete with evidence establishing accused-appellant's guilt beyond reasonable doubt. However, to conform with existing jurisprudence, the award of civil indemnity should be increased to P75;000.[4]
WHEREFORE, the appeal is hereby DISMISSED. The October 29, 2008 decision of the Court of Appeals in CA-G.R. CR HC No. 02831 finding accused-appellant Josefino Bunan alias "Pinoy Bunan" guilty beyond reasonable doubt of multiple murder and frustrated murder is AFFIRMED with MODIFICATION. Accused-appellant is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole and is ordered to pay the heirs of the victims P75,000 civil indemnity and P50,000 moral damages.
Costs against accused-appellant:.
SO ORDERED.
WITNESS the Honorable Chief Justice Reynato S. Puno, Chairperson, Honorable Justice Antonio T. Carpio, Working Chairperson, Honorable Justices Renato C. Corona, Teresita Leonardo de Castro, and Lucas F. Bersamin, Members, First Division, this 10th day of August 2009.
G.R. No. 187072- PEOPLE OF THE PHILIPPINES versus JOSEFINO C. BUNAN @ "PINOY BUNAN."
In a decision dated February 20, 2007,[1] accused-appellant Josefino C. Bunan alias "Pinoy Bunan" was found guilty of multiple murder and multiple frustrated murder by the Regional Trial Court (RTC) of San Jacinto, Masbate; Branch 50. He was sentenced to suffer reclusion perpetua and was ordered to indemnify the heirs of the victims P50,000 civil indemnity and P50,000 moral damages and to pay the cost.
On intermediate appellate review,[2] the Court of Appeals affirmed the decision of the RTC in toto.[3]
Both the RTC and the CA found that accused-appellant was the one who hurled a grenade which resulted in the death and serious physical injuries of several persons attending the Barkadahan Christmas Party at Barangay Bayamhan in San Fernando, Masbate on the evening of December 27, 1998.
We find no reason to disturb the findings of the RTC as affirmed by the CA. The records are replete with evidence establishing accused-appellant's guilt beyond reasonable doubt. However, to conform with existing jurisprudence, the award of civil indemnity should be increased to P75;000.[4]
WHEREFORE, the appeal is hereby DISMISSED. The October 29, 2008 decision of the Court of Appeals in CA-G.R. CR HC No. 02831 finding accused-appellant Josefino Bunan alias "Pinoy Bunan" guilty beyond reasonable doubt of multiple murder and frustrated murder is AFFIRMED with MODIFICATION. Accused-appellant is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole and is ordered to pay the heirs of the victims P75,000 civil indemnity and P50,000 moral damages.
Costs against accused-appellant:.
SO ORDERED.
WITNESS the Honorable Chief Justice Reynato S. Puno, Chairperson, Honorable Justice Antonio T. Carpio, Working Chairperson, Honorable Justices Renato C. Corona, Teresita Leonardo de Castro, and Lucas F. Bersamin, Members, First Division, this 10th day of August 2009.
Very truly yours.
(Sgd.) ENRIQUETA ESGUERRA - VIDAL
Clerk of Court
First Division
(Sgd.) ENRIQUETA ESGUERRA - VIDAL
Clerk of Court
First Division
Endnotes:
[1] Penned by Judge Arturo Clemenle B. Revil. CA rollo, pp. 107-112
[2] Docketed as CA-G.R. CR HC No. 02831.
[3] Decision penned by Justice Andres B. Reyes. Jr.. and concurred in by Associate Justices lose C. Mendoza and Sesinando E. Villon of the Fourth Division of Ihe Courl of Anneals. Dated October 29, 2008. Rollo, pp. 2-20.
[4] People v, de Guzman, G.R. No. 173477, 4 February 2009
