ADVERTISEMENT
THIRD DIVISION
[G.R. No. 220043. October 19, 2015.]
ROSSEL ARGUELLES y ROXAS, petitioner,vs. PEOPLE OF THE PHILIPPINES,respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated October 19, 2015, which reads as follows:
"G.R. No. 220043 (Rossel Arguelles y Roxas v. People of the Philippines). — Considering the allegations, issues, and arguments presented in this appeal, the Court finds that petitioner Rossel Arguelles y Roxas failed to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision 1 dated April 10, 2015 and Resolution 2 dated August 11, 2015 in CA-G.R. CR No. 36064 as to warrant the exercise of the Court's power of review.
In the adverted Decision, the CA affirmed the judgment of the Regional Trial Court of Makati City, Branch 146, finding petitioner guilty beyond reasonable doubt of homicide and attempted homicide under Article 249 of the Revised Penal Code (RPC) for the death of Roberto Abdao and the injuries inflicted on Redentor Abdao, and sentenced him to suffer the indeterminate penalties of eight (8) years, two (2) months and one (1) day of prision mayor, as minimum, to twelve (12) years and one (1) day of reclusion temporal, as maximum, for the homicide, and (6) months of arresto mayor, as minimum, to two (2) years and four (4) months of prision correccional, as maximum, for the attempted homicide.
The CA affirmed the factual findings of the trial court, holding that the location and number of wounds inflicted on the victims revealed petitioner's intent to kill, and not merely an effort to prevent or repel an attack from the two. 3 While petitioner testified that the victims and Bernard Sablad threw rocks at him and punched him, this was belied by the testimonies of the prosecution witnesses that it was petitioner who struck the first blow and attacked Roberto. 4 All told, petitioner's allegation of self-defense cannot be sustained for his failure to prove all the elements thereof, the most important of which is unlawful aggression by the deceased.
In this light, the penalties imposed upon the petitioner should be upheld. Art. 249 in relation to Art. 51 of the RPC provides for the penalty of reclusion temporal for homicide and prision correccional for attempted homicide. However, petitioner's voluntary surrender to the apprehending officers serves as a mitigating circumstance which warranted the lowering of the penalties as imposed by the CA.
However, in conformity with prevailing jurisprudence, 5 the damages awarded should be modified. The civil indemnity should be reduced from Seventy-Five Thousand Pesos (P75,000.00) to Fifty Thousand Pesos (P50,000.00), while the amount of moral damages is sustained. Likewise, temperate damages in the amount of Twenty-Five Thousand Pesos (P25,000.00) each, in lieu of actual damages, is warranted in accordance to Art. 2224 of the Civil Code, as it cannot be denied that Redentor and the heirs of Roberto incurred pecuniary loss for medical assistance, funeral, and burial of Roberto, though the exact amount was not proven. 6
IN VIEW OF THE FOREGOING, the petition is DENIED. The Decision dated April 10, 2015 and Resolution dated August 11, 2015 of the CA in CA-G.R. CR No. 36064 are hereby AFFIRMED with MODIFICATION. As modified, the said Decision shall read as follows:
"WHEREFORE, premises considered, the instant Appeal is DENIED for lack of merit and the assailed 20 August 2013 Joint Decision of the Regional Trial Court of Makati City, Branch 146 is hereby AFFIRMED WITH MODIFICATIONS: CAIHTE
1. For Criminal Case No. 06-1831, the indeterminate penalty is eight (8) years two (2) months and one (1) day of prision mayor as minimum to twelve (12) years and one (1) day of reclusion temporal as maximum. Appellant Rossel Arguelles is also ordered to pay the heirs of Roberto Abdao the amount of Fifty Thousand Pesos (P50,000.00) as civil indemnity, Fifty Thousand Pesos (P50,000.00) as moral damages, and Twenty-Five Thousand Pesos (P25,000.00) as temperate damages.
2. For Criminal Case No. 06-1832, the indeterminate penalty is six (6) months of arresto mayor as minimum to two (2) years and four (4) months of prision correccional as maximum. Appellant Rossel Arguelles is also ordered to pay Redentor Abdao the amount of Ten Thousand Pesos (P10,000.00) as moral damages, and Twenty-Five Thousand Pesos (P25,000.00) as temperate damages.
3. All monetary awards for damages shall earn interest at the legal rate of 6% per annum from date of finality of this Decision until fully paid.
SO ORDERED."
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Rollo, pp. 33-53. Penned by Associate Justice Marlene Gonzales-Sison, with the concurrence of Associate Justices Remedios A. Salazar-Fernando and Victoria Isabel A. Paredes.
2. Id. at 55-56.
3. Id. at 49.
4. Id. at 316 and 418.
5. Almojuela v. People, G.R. No. 183202, June 2, 2014, 724 SCRA 293; Guevarra v. People, G.R. No. 170462, February 5, 2014, 715 SCRA 384.
6. Almojuela v. People, id. at 307.