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Republic of the Philippines REGIONAL TRIAL COURT OF NEGROS ORIENTAL 7th Judicial Region Hall of Justice, Dumaguete City

Branch 38 PEOPLE OF THE PHILIPPINES, Plaintiff, -versusRAUL BALOG COMPRA, JR. Accused. X-----------------------------------/ JUDGMENT On October 2, 2006, the promising life of LUCIA NIA REALIZA ESTACIO, a 24 year old graduating nursing student of Silliman University, Dumaguete City was nipped in the bud, hen she met her tragic end in the hands of a heartless perpetrators who robbed her and mercilessly killed her in a very brutal manner. Nias sudden death sparked a public uproar on Dumaguete City the parents and relatives of the victim as well as the faculty, the administration and the whole students of Silliman University deeply mourned and grieved her untimely loss. Accused Raul Balog Compra, Jr., who was arrested, readily admitted the commission of such heinous crime. He was appropriately charged in court in an information, which reads as follows: That on or about the 2nd day of October, 2006, in the City of Dumaguete, Philippines, and within the jurisdiction of this Honorable Court, the said accused, in the apartment where the victim, LUCIA NIA R ESTACIO was residing, armed with the deadly weapon and with force upon things, with intent to gain and by means of force, violence and intimidation, did then and there willfully, unlawfully and feloniously take, steal and carry away personal belongings of said LUCIA NIA R ESTACIO, to wit: 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) one unit laptop computer Toshiba brand with a bag casing; one unit adapter; one DVD casing with DVD; one Internet cord; one white ribbon; four pieces CD; one unit NOKIA cellphone; and assorted worksheets/notes CRIM. CASE NO. 2006-18356 FOR: ROBBERY WITH HOMICIDE

valued in the total amount of P100,000.00, more or less, without the consent of said LUCIA NIA R ESTACIO, to the damage and prejudice of the latter in the aforesaid amount and on occasion of said ROBBERY. The said accused, armed with deadly weapon, with intent to kill, did then and there willfully, unlawfully and feloniously stab LUCIA NIA R ESTACIO several times, thereby inflicting on LUCIA NIA R ESTACIO the following injuries: 1.) 2.) 3.) 4.) through and through stab wound, lateral aspect of the neck measuring 8 cm, right infraorbital stab wound with protruding eyeball right subcostal penetrating stab wound of the abdomen associated injuries in the extremities

which directly caused her death.

The commission of the foregoing crime was attended by the following aggravating circumstances: 1.) It was committed in the dwelling, i.e apartment, of LUCI NIA ESTACIO. 2.) That as means to the commission of the crime the wooden decorative above the door was broken to enable the accused to unlocked the door from the outside; 3.) That the wrong done in the commission of the crime was deliberately augmented by causing other wrong not necessary for its commission, i.e. stabbing the eye forcefully in such manner that cause it to protrude and be dislocated from the socket. CONTRARY TO LAW. The arrangement was scheduled on October 19, 2006. Before the information was read to him, the Court inquired from the accused whether he is aware of the gravity of the crime with which he is charged and whether he had a prior discussion with his lawyer relative to his plea and the possible consequences of such plea. To the said queries of the Court, the accused answered in the affirmative. After the information was read to the accused in the local dialect, said accused with the assistance of counsel, Atty. Glenda J. Yee, entered PLEA OF GUILTY to the crime as charged. The Court then asked him whether in making such plea, somebody ever influenced him or exerted pressure on him to enter such plea and the accused answered in a negative. He stated that he did not have any intention to kill the victim, but because he did the act, he is willing to pay for it as his conscience is bothering him. Paragraph 1 of Art. 294 of the Revised Penal Code as amended by Section 9 of R.A 7659 (The Death Penalty Law) provides that the penalty of Robbery With Homicide is reclusion perpetua to death. Offsetting the three (3) aggravating circumstances alleged in the information with the lone mitigating circumstance of voluntary plea of guilty of the accused, the appropriate penalty to death, applying Sec. 4 of Art. 63 of the Revised Penal Code. With the abolition of the Death Penalty Law by virtue of Republic Act No. 9346 (An Act Prohibiting The imposition of death penalty in the Philippines), there seems to be hiatus now s to the applicability of Section 3 of Rule 116 of the Revised Rules on Criminal Procedure which provides that: Sec. 3. Plea of guilty to capital offense; reception of evidence. When the accused pleads guilty to a capital offense the court shall conduct searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and precise degree of culpability. The accused may present evidence in his behalf. It is elemental that a capital offense is one which under the law existing at the time of its commission may be punished by death. (Sison vs. Dela Merced, SP-13960, Aug. 29, 1982). Considering, however, that until now there is yet no ruling or memorandum or circular from the Supreme Court mandating that Sec. 3 of Rule 116 is rendered ineffective with the effectivity of R.A. No. 9346, the Court allowed the prosecution to present evidence in order to prove the guilt of the accused and the precise degree of culpability so as to play safe and to void any technicality later. Prosecution then presented in chronological order the following witnesses: JO3 Jonathan Pepico, Jebsen Earl Ambata, PO1 Jonthan Saavedra Abucayon, Atty. Ray Moncada nd PO1 Rex Oliver Tan, and as follows is the synthesis of their respective testimonies: On October 2, 2006 at about 1:30 in the afternoon, JAIL OFFICER 3 (JO3) JONATHAN PEPICO while in his house at Tindalo Street, Daro, Dumaguete City, fixing his motorcycle, heard a very loud shout of a woman asking for help, Tabang kay gipatay ako! (Help, I am being killed!). His neighbors Junneth Villar and Nene Aboy who lso herd the shout approached him and asked him if he heard the shout, to which he answered in the affirmative. The shout came from the direction of the Visitcion Apartment No. 2 situated along Tindalo Street, Daro, Dumaguete City, which is just about twenty (20) meters from his house. He right away went to Apartment No. 2 to verify what happened. He observed that the apartment was so quiet and he heard nothing. He went back to his house to get his service pistol because he wanted to verify what really happened inside the apartment. While getting out from the gate of his house bringing with him his pistol, he saw accused Raul Compra going out from the gate of apartment no. 2 carrying a black bag and immediately commended to run away. A housemaid across the street fronting the apartment pointed to accused Raul Compra and shouted Tua ra! (There he is!). Accused ran towards the eastern direction gong to Silliman Ballfield from

Tindalo Street. He chased the accused at the same time shouted at the latter to stop, firing a warning shot. However, Compra continued to run going towards the direction of the Senior Citizens Office. While nearing the said Office, there was a tricycle and the accused boarded on the said tricycle still carrying the black bag. Firing again a warning shot, accused jumped off the pedicab at the same time throwing away the bag at the shoulder of the road. He requested his neighbor, Mr. Felix Lasola, to pick up the bag. He continued to chase the accused who was going to Aldecoa road then towards the direction of Brix Bakeshop. Upon reaching VALSHIVAN Pharmacy along Aldecoa road, a friend of his who was riding on a motorcycle and which he acceded. They continued to chase accused. Upon reaching Brix Bakeshop he fired a third warning shot when he already aligned from the motorcycle. Raul Compra who was already across Daro Highway stopped running. He then arrested accusded, informed him of his constitutional rights and searched his body for possible weapons. He founded screw driver at the right back pocket of his pants. He was helped by the bystanders at Brix Bakeshop in taking hold of the accused. Since he did not have handcuff, he tied the accused with a belt which was offered to him by a pedicab driver who happened to pass by. Accused was brought to the Police Station. He was interviewed by PO1 Jonathan Abucayon and the fact of the arrest of the accused was entered in the police logbook by the desk officer, PO2 Fajardo. About two (2) minutes after, Mr. Felix Lasola arrived and turned over the black bag to PO2 Fajardo. The black bag was opened and the contents thereof inventoried, which were as follows: Laptop computer brand Toshiba; adapter; DVD casing with a disc inside titled Tristan and Isolde; Two (2) NOKIA cellphones; internet cord; white ribbon; four (4) pieces CD, the first CD titled Medical, Surgical Nursing, CD titled Memorex, CD entitled Pixm Set-up Software and Users Guide, CD titled Memorex; assorted worksheets titled Cardio Pulmonary Resuscitation (CPR), consisting of three (3) pages; and bunch of worksheets entitled Adulthood with markings at the top Estacio. From the Police Station he went back to the crime scene to investigate further on what happened to the person who shouted for help. There he learned from his neighbors that the said person was Miss Lucia Nia Estacio. JEBSEN EARL AMBATA who is occupant of the apartment and a classmate of the deceased victim in nursing at Silliman University from first year up to fourth year, whose room is adjacent to the room occupied by the victim and their two other female classmates, testified that when he left the apartment at around 1:00 oclock of October 2, 2006, to go to the Province Hospital to copy some of the documents of his patient, Nia (for brevity) was the only one left t the apartment, playing computer in her room on the second floor. He locked the door as well as the gate of the apartment, which could be locked only by a barrel bolt, when he left. About 10 minutes before 2:00 oclock, he came back and noticed that there were a lot of people outside and there were also several policemen moving in and out of the apartment. He was told by the policemen that his housemate was stabbed but they did not tell him the name. He forced himself to get inside the apartment but he was prevented by the Scene of the Crime Operatives (SOCO) of the police department. He eventually was able to enter the apartment at around 4:00 oclock. When he checked his things, his NOKIA cellphone color silver which he placed on top of the refrigerator and his color brown polo were lost. When he went to the police station in the evening, he saw accused and identified the polo worn by the accused as his. He was made to see the contents of the black bag that were robbed by the accused and identified his NOKIA cellphone color silver. He also identified the Toshiba laptop computer, the NOKIA cellphone color black and blue and the other things in the black bag as belonging to the deceased victim. He informed the police that the polo worn by the accused and the cellphone which is silver in color belong to him. He has intention to pres charges against the accused for stealing his polo and cellphone. He executed an affidavit in connection with his case and identified the same. PO1 JONATHAN SAAVEDRA ABUCAYON testified that as an investigator/Case Processor of the PNP Dumaguete City, his duty is, to inquire and gather evidence together with the Scene of the Crime Operatives (SOCO), identify the victim and possible suspects if there is a crime committed. On October 2, 2006, their Office received report involving robbery incident. Some policemen were then dispatched to the crime scene. While talking to PO2 Fajardo, the desk officer in-charge, one JO3 Jonathan Pepico arrived with the suspect whom he identified as Raul Balog Compra, Jr. PO2 Fajardo entered the fact of arrest of suspect by JO3 Jonathan Pepico in the Police Blotter in his presence. He identified the said entry in the Police Blotter, dated October 2, 2006. He was instructed to proceed to the crime scene but while on his way to the crime scene, he received a radio message that the victim was already brought to Silliman Medical Center. Thus, he proceeded to said hospital. There he learned that the victim was declared dead on arrival. He viewed the dead body of the victim and found several wounds on her body. He and the SOCO took pictures of the dead body of the victim at the hospital as well as in the funeral parlor. He was able to secure Medical Certificate from the attending doctor, Dr. Carlito P. Go of Silliman Medical Center, dated October 2, 2006 with attached Anatomical Chart (Exhs. l-1 to 15), wherein the said doctor noted the following findings: (1) Trough and through stab wound, lateral aspect of the neck measuring eight (8) cms.; (2) Right infraorbital stab wound with protruding eyeball; (3) Right subcoastal penetrating stab wound of the abdomen; (4) Associated injuries; both hands, etc. He also obtained the Postmortem Medico-Legal Report

and the Death Certificate issued by Dr. Maria Ava Vios of the City Health Office of Dumaguete, which bears the cause of death of the deceased victim Lucia Nia Realiza Estacio s Acute blood loss secondary to stab wounds on the right and left side of the neck. The existence and authenticity of the said documents were all admitted by the defense counsel. He eventually went to the crime scene. He found pool of blood on the first floor. He also went to the second floor using the spiral steel stairway and notice that the wall and the stairway have splatters of blood and before entering the big room, there was also a pool of blood. He believed that there was struggle between the victim and the assailant in the crime scene. Likewise, he investigated on how the accused could have gained entrance inside the apartment. He noticed that there is a door in the kitchen and a wooden fixed louver was destroyed and was already opened. He also noticed that there were two locking systems at the door of the kitchen, door knob and the other one is barrel bolt. There were also two (2) floor mops, one of it was already broken. He believed that the accused gained entry by using the small table where he possibly stepped on it and reached the locking system inside using his arm. From the crime scene, as standard operating procedure, he went back to the police station and investigated accused Raul Compra Jr., who even earlier in the afternoon admitted the commission of the crime. He then appraised him of his constitutional rights and asked him whether he has a counsel of his own choice. After learning from the accused that he does not know any lawyer, he offered that he would provide him a lawyer. He then called up the Public Attorneys Office but since nobody answered, he called up Atty. Lagahit of the City Legal Office who referred Atty. Ray Moncada, a private lawyer, to assist the accused. Atty. Moncada arrived and conferred with the accused. He then took the Extrjudicial Confession of the accused by propounding questions in the Visayan dialect and the accused answered also in the dialect which was translated into English by Atty. Moncada for recording. Before Raul Compra signed the Extrajudicial Confession before Asst. Prosecutor Alvin A. Aseniero, who before affixing his signature, let the accused swear to the truthfulness and voluntariness of the execution of his Extrajudicial Confession or Sworn Statement. He recalled having propounded questions to the accused and answers were given by the latter as shown in accuseds Sworn Statement. Same witness confirmed and affirmed that the answers of the accused found in Sworn Statement are the accurate reproduction of the answers given to him by the accused in the presence of his lawyer. Also, in the course of the investigation, he verified from the records of the Clerk of Court of the Regional Trial Court if there were other cases filed against the accused. He was issued by the Clerk of Court, Atty. Maria Antonia Lacsican-Bulado, a Certification dated October 12, 2006 to the effect that accused has been charged in Criminal Case No. 17394 for Theft before Branch 32 but the same was dismissed by Judge Roderick Maxino last October 13, 2006 from the Clerk of Court of the Municipal Trial Court in Cities, showing that the accused has been charged in Crim. Case No. B-234 for Theft on October 9, 2006. Said case is still pending. Considering that accused has a number of criminal cases against him, his picture was one of those pasted in the Rogues Gallery being kept in their Police Station. He also testified that the items subject of the robbery, consisting of the laptop computer and other stolen items were photographed in his presence. He confirmed and affirmed that what has been presented or reflected in the picture is the accurate and faithful reproduction of the things that were subject of the photograph (Exh. P)

After gathering all the evidence, he filed a case before the City Prosecutors Office against the accused who was subjected to inquest proceeding conducted by Prosecutor Alcoran. ATTY. RAY J. MONCADA testified that he is a practicing lawyer in the City of Dumaguete. He has been a lawyer for 10 years. He recalled that at about 9:00 oclock in the evening, he receive a call from Atty. Lagahit who is his close friend, asking him if he is available. When he asked what was it all about, he was told by Atty. Lagahit that it was about a custodial investigation at the Police Station. He then went to the Police station to assist accused Raul Compra, Jr. during the custodial investigation. He was given a chance by the investigating officer to have a conference with the accused. He asked the accused whether he is ready with the custodial investigation and whether he is amenable that he will act as his counsel during the investigation and the accused answered that he is amenable. He informed him of his rights under the Constitution, that at any stage of the questioning, he may choose not to answer any question. He accused was willing to undergo the custodial investigation may be used against him in court hearing. Despite what he because he wanted to admit the commission of the crime and the accused answered that he was bothered by his conscience. An Entrajuridical Confessions were propounded on the accused and the latter gave his answers, he was present, in fact the even translated the answers of the accused to the investigating officer. aid Extrajudical confession/Sworn custodial investigation of the accused into writing. He identified the transcript of the 4

custodial investigation of the accused conducted at the Police Station on October 2, 2006. He also identified the signature of the accused above the name Raul Balog Compra on the second page of the Sworn Statement composed of five (5) pages. He identified his signature above the name Atty. Ray Moncada on page 3 as well as on page 5 of the Sworn Statement. He was present when accused Raul Compra, Jr. affixed his signature. PO1 REX OLIVER S. TAN is a member of the Scene of the Crime Operatives (SOCO) whose duty is to collect and preserve evidence. He is connected with the Province of Oriental Negros Crime Laboratory Office, Regional Office, which station is located at Dr. V. Locsin Street at the back of the Dumaguete Police Station. On October 2, 2006, at around 2:00 oclock in the afternoon, while on duty, he received a written request from Dumaguete Police Station, requesting their office to collect and gather evidence in response to the crime of robbery with homicide that was perpetrated in Daro, DUmaguete City. He responded to the request and was immediately brought by the police officers to the crime scene. When he arrived, the door of the apartment was already opened. When he entered the apartment, there was blood on the first floor. When he went to the second floor, he also saw blood on the stairs and a pool of blood on the first step from the econd floor. The things
inside the room of the second floor were scattered. He saw scattered jewelry and blood stains. He also saw a kitchen knife beside the sink at the ground floor placed on a plate rack. He noticed that the knife was newly and thoroughly washed. He observed no trace of blood on it. He considered the knife is possible evidence for an instrument that could have been used in the commission of the crime. He also recovered a blood-stained t-shirt, there was plenty of flesh blood found at the front as well as the back portion of the t-shirt. He identified the kitchen knife with a blue handle placed inside a plastic wrapper marked SOCO 08-06 Oct. 2, 2006; Victim: Lucia Nia Estacio, Suspect: Raul Compra, Jr. (Exh. Q). He likewise identified the t-shirt, color white, with blood stain as the same t-shirt which he recovered from the crime scene. After the presentation of its witnesses, the prosecution offered the following exhibits which were admitted by the Court after counsel for the accused did not comment or oppose to the Formal Offer of Evidence of the prosecution. Exhibit A Exhibit A-1 Exhibit A-1-a Exhibit B Exhibit B-1 Exhibit B-2 Exhibit B-3 Exhibit B-4 Exhibit B-5 Exhibit C Exhibit C-1 Exhibit C-2 - Affidavit of Arrest of J03 Jonathan Pepico - 2nd page thereof - Name and signature of J03 Jonathan Pepico - Sketch of the neighborhood of the subject apartment where the victim resides and where the crime was committed - House of J03 Jonathan Pepico - Apartment where the victim resides and where the crime was committed. - Place along the road where JO3 Jonathan Pepico first saw the accused leaving the gate of the apartment in a hurry carrying a black bag. - Spot near the Senior Citizens building where the accused dropped or threw the black bag. - Spot along the highway where the accused stopped running after being given a third warning shot by JO3 Pepico - Black bag (actually a laptop computer bag) - Laptop computer brand Toshiba - Nokia Cellphone

Exhibit C-3 Exhibit C-4 Exhibit C-5 Exhibit C-6 Exhibit C-7 Exhibit C-8 Exhibit C-8-a Exhibit C-8-b Exhibit C-8-c Exhibit C-9 Exhibit C-9-a Exhibit C-10 Exhibit D Exhibit D-1 Exhibit D-2 Exhibit E Exhibit E-1 Exhibit F Exhibit G Exhibit H Exhibit I Exhibit I-1 Exhibit I-2 Exhibit I-3 Exhibit I-4 Exhibit J Exhibit J-1

- Another Nokia cellphone color silver - Adapter - DVD casing containing DVD of the movie titled Tristan and Isolde - Internet cord - White ribbon - Compact Disc (CD) ROM entitled Medical-Surgical Nursing 7th Ed. - Compact Disc (CD) with the name Memorex - Compact Disc (CD) with the name Pixma IP500 set up software - Another Compact Disc (CD) with the name Memorex - Handouts/notes/worksheets entitled Cardio Pulmonary Resuscitation (CPR) consisting 3 pages - Handouts/notes/worksheets entitled Adulthood consisting of 26 pages - One (1) screwdriver - Affidavit of Jebsen Earl Ambata - Name and signature of Jebsen Earl Ambata - Name of the subscribing officer - Entry No. 2 of the Police Logbook Blotter dated October 2, 2006 - 2nd page thereof - Picture of the deceased victim Lucia Nia Estacio - Another picture of the deceased victim Lucia Nia Estacio - Still another picture of the deceased victim Lucia Nia Estacio -Medical certificate dated October 2, 2006 issued by Dr. Carlito Go of the Siliman Medical Center - Anatomical Chart showing the front face and back head - Anatomical Chart showing the left and right face - Anatomical Chart showing both hands face up and face down - Anatomical Chart of the entire body/person facing front - Detailed Postmortem/Medico-Legal of Dr. Ma. Ava Vios, City Health Officer, Dumaguete City - Sketch of the body facing front

Exhibit J-2 Exhibit J-3 Exhibit K Exhibit K-1 Exhibit K-2 Exhibit K-3 Exhibit L Exhibit L-1 Exhibit L-2 Exhibit L-4 Exhibit L-5 Exhibit L-5-a Exhibit L-5-b Exhibit L-5-c Exhibit L-5-d Exhibit L-5-e Exhibit M Exhibit O Exhibit P Exhibit Q Exhibit R

- Sketch of the right and left face - Sketch of the back head - Certified Certificate of Death of the victim - Name of the victim Lucia Nia Realiza Estacio - Back page of the Certificate of Death - Cause of death - Extrajudicial Confession or Sworn Statement with Waiver of Rights executed by accused Raul Balog Compra, Jr. - 2nd page thereof - 3rd page thereof - 4th page thereof - 5th page thereof - Name and signature of accused Raul Balog Compra, Jr. - Name and signature of accuseds counsel Atty. Ray Moncada - Name and signature of the subscribing Prosecutor - Name and signature of PO1 Jonathan Abucayon - Name and signature of accuseds counsel Atty. Ray Moncada - Certification issued by the Clerk of Court, Office of the Clerk of Court, Regional Trial Court in Cities - Picture of the accused in the Rogues Gallery of the police (picture located in the upper leftmost portion) taken when he was caught years back committing the crime of Robbery with Force Upon Things - Picture of the items (exhs. C to C-10) taken by the accused from the apartment of the Victim. - Kitchen knife recovered from the crime scene/apartment - White t-shirt stained with blood which the accused wore at the time of the commission of the crime as charged and recovered from the crime scene/apartment - Large brown envelope containing the kitchen knife and a white T-shirt.

Exhibit S

After the prosecution has rested its case, the Court inquired again from Atty. Yee whether accused desires to present evidence in his behalf but she answered in the negative. Nonetheless, the court directed the accused to take the witness stand and it conducted a searching inquiry pursuant to the guidelines set forth in the case of People vs. Espidol, 442 SCRA 361.

In answer to the queries of the Court, accused testified under oath that his highest educational attainment is only up to Grade IV; that he got married to Priscila Vilos Compra in 2000; that they have one (1) child a six year old boy; that his means of livelihood used to be as parking attendant at Lee Plaza; that his parents and parents-in-law helped in supporting his family; that his wife has no work; that when he pleaded guilty to the crime charged during the arraignment, nobody threatened him, coerced him, intimidated him, persuaded him to make such plea and that it was purely out of his own volition as he committed the crime and his conscience is bothering him. Accused also identified his five-page Sworn Statement and his signature found on page 5 thereof as well as his thumb marks appearing on the left side of each and every page. His sworn statement was taken at the Police station by Police Officer Abucayon who told him that he has the right to have a counsel of his own choice. As he had no lawyer of his right to remain silent and that any statement that he would make in that investigation can be used against him before the court. When his Sworn Statement was taken, he was assisted by his counsel. He confirmed and affirmed all his statements found in the Sworn Statement. In answer to the clarificatory questions of the Court in relation to question Nos. 9, 10, 11 of the Sworn Statement, accused testified that when he was walking around the public market that time for the purpose of making money out of stealing, he decided to enter door 2, Visitacion Apartment at Tindalo Street, Daro, Dumaguete City. Because when he passed by the place, he noticed that the house seemed to be empty. As to how he destroyed the wooden decorative at the back of the apartment, he narrated that he took as yellow-colored floor mop and used it in destroying the wooden decorative. When he went inside, he was surprised to see the victim who then shouted, A robber! The door was incidentally closed and he found it hard to go out. He was not able to take possession of the knife when they grappled on the first floor. It was only the second floor after the victim fell that he was able to take possession of the knife. He then went downstairs to wash the blooded knife and went back upstairs to get the cellphones. The victim managed to climb the stairs leading to the second floor while grapping with him because she was a tall and big lady and because she struggled to fight with him. He could not remember where he first stabbed the victim because they were grapping. He told the Court several times that he voluntary pleaded guilty to the crime with which he is charged because he committed it. He also told the Court several times that he never had the intention of killing the victim. When asked why he repeatedly stabbed the victim if he had not intention to kill her, he answered that he was out of his senses at that time so he did not know why there were several stab wounds. The totality of the foregoing facts and circumstances, being considered, the Court is convinced, in no uncertain terms, that accuseds PLEA OF GUILTY was purely voluntary and that he fully understood the consequences of his plea. This fact, taken together with the evidence presented by the prosecution, proved the guilt of the accused beyond reasonable doubt. The three (3) attending aggravating circumstance of accuseds voluntary plea of guilt, the applicable penalty is RECLUSION PERPETUA, WITHOUT THE ACCUSED BEING ELIGIBLE FOR PAROLE under Act No. 4103 (Indetermine Sentence Law, as amended), pursuant to SEC. 3 of R.A. No. 9346. WHEREFORE, finding accused RAUL BALOG COMPRA, JR. guilty beyond reasonable doubt of the crime of ROBBERY WITH HOMICIDE, the Court hereby imposes upon him the penalty of RECLUSION PERPETUA WITHOUT HIM BEING ELIGIBLE FOR PAROLE, with all the accessory penalties provided by law. He is, likewise, ordered to indemnify the heirs of the victim in amount of P50,000.00, as civil indemnity ex delicto, without subsidiary imprisonment in case of insolvency. Accused, however, shall be credited with his preventive imprisonment. SO ORDERED. GIVEN this 18th day of December, 2006 in the City of Dumaguete, Philippines. TERESITA ABARQUEZ-GALANIDA Presiding Judge