THIRD DIVISION
[G.R. No. 233920. November 8, 2017.]
DEXTER ABOY, RYAN GOROSPE AND JOHNNY ABOY, petitioners,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedNovember 8, 2017, which reads as follows: cSEDTC
"G.R. No. 233920 [Formerly UDK-15895] (Dexter Aboy, Ryan Gorospe and Johnny Aboy vs. People of the Philippines). — The Court NOTES the letter dated September 6, 2017 of Atty. Alfonso C. Bince, Jr., counsel for petitioners, forwarding the postal money order checks in the amount of P3,530.00, representing the payment for the docket and other legal fees.
Considering the allegations, issues and arguments presented, the Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision 1 dated May 26, 2017 as to warrant the exercise of the Court's appellate jurisdiction.
However, pursuant to prevailing jurisprudence, 2 the monetary damages awarded by the appellate court must be modified. In addition to the actual damages awarded, petitioners are jointly and severally liable to pay the victim civil indemnity and exemplary damages in the amount of P75,000.00 each, while the moral damages awarded is increased to P75,000.00. All monetary awards shall earn interest at the rate of six percent (6%) per annum from date of finality of judgment until fully paid. 3
IN VIEW OF THE FOREGOING, the May 26, 2017 Decision of the Court of Appeals in CA-G.R. CR No. 38588 is hereby AFFIRMED with MODIFICATION. As modified, petitioners Dexter Aboy, Ryan Gorospe and Johnny Aboy are found guilty beyond reasonable doubt of Frustrated Murder and sentenced to suffer the penalty of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum. Petitioners are further ordered to pay private complainant Leonardo Beato, Jr. P250,000.00 as actual damages, P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. All damages awarded shall earn 6% interest per annum from finality of judgment until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 43-54. Penned by Associate Justice Rodil V. Zalameda, with the concurrence of Associate Justices Sesinando E. Villon and Ma. Luisa Quijano-Padilla.
2.People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331.
3. Pursuant to the Bangko Sentral ng Pilipinas Circular No. 799, Series of 2013; Nacar v. Gallery Frames, G.R. No. 189871, August 13, 2013, 703 SCRA 439.