ADVERTISEMENT
THIRD DIVISION
[G.R. No. 229476. June 5, 2017.]
EUSTAQUIO CADALSO, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 5, 2017, which reads as follows:
"G.R. No. 229476 (Eustaquio Cadalso vs. People of the Philippines). — After a perusal of the records of this case, the Court resolves to DENY the instant petition 1 due to (a) Eustaquio Cadalso's (petitioner) failure to file a motion for reconsideration before the Court of Appeals (CA), (b) defective verification attached thereto, (c) presentation of mere factual issues, and (d) absence of substantial reversible error in the herein assailed CA Decision 2 dated December 12, 2016 in CA-G.R. CEB-CR No. 01580.
The Court, however, notes a typographical error committed by the Regional Trial Court (RTC) of Bais City, Branch 45, in its Judgment 3 dated January 31, 2011 in Criminal Case No. M-09-01-BY. The RTC affirmed the directive of the 2nd Municipal Circuit Trial Court (MCTC) of Manjuyod-Bindoy-Ayungon, Negros Oriental in Criminal Case No. M-100-05 for herein petitioner to reimburse the Heirs of XZ Jadraque (Jadraque) for the actual expenses incurred relative to the wake and burial of Jadraque. 4 The MCTC ruled that the total amount spent was P26,316.00, 5 but in the RTC judgment, the same was erroneously indicated as P42,216.00 6 Since the herein assailed CA decision affirmed the RTC directive on reimbursement of actual expenses, correction of the aforesaid typographical error is in order.
Further, to conform to recent jurisprudence, the Court imposes upon all the monetary awards to be paid to the Heirs of the victims Melquiades Caballeda, Jadraque and Elias Babor, Jr. an interest of six percent (6%) per annum to be computed from the date of the finality of this Resolution until full payment. 7
WHEREFORE, the Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated December 12, 2016 of the Court of Appeals in CA-G.R. CEB-CR No. 01580 holding petitioner Eustaquio Cadalso GUILTY beyond reasonable doubt of the crime of Reckless Imprudence Resulting to Multiple Homicide, and imposing upon him the indeterminate penalty of imprisonment of four (4) months and one (1) day, as minimum, to two (2) years and ten (10) months, as maximum. Following are the monetary awards payable to the heirs of the victims:
(1) Heirs of Melquiades Caballeda
(a) P42,831.00 as reimbursement of wake and burial expenses;
(b) P50,000.00 as civil indemnity;
(c) P50,000.00 as moral damages; and
(d) P10,000.00 attorney's fees.
(2) Heirs of XZ Jadraque
(a) P26,316.00 as reimbursement of wake and burial expenses;
(b) P50,000.00 as civil indemnity;
(c) P50,000.00 as moral damages; and
(d) P10,000.00 attorney's fees.
(3) Heirs of Elias Babor, Jr.
(a) P39,816.00 as reimbursement of wake and burial expenses;
(b) P50,000.00 as civil indemnity;
(c) P50,000.00 as moral damages; and
(d) P10,000.00 attorney's fees.
As MODIFICATION, legal interest at the rate of six percent (6%) per annum is imposed on the monetary awards to be computed from the date of finality of this Resolution until full payment." (Jardeleza, J., no part in view of his prior action in the Office of the Solicitor General; Martires, J., designated additional Member per Raffle dated May 10, 2017.)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 10-18.
2. Penned by Associate Justice Pablito A. Perez, with Associate Justices Pamela Ann Abella Maxino and Gabriel T. Robeniol concurring; id. at 23-38.
3. Rendered by Judge Candelario V. Gonzalez; id. at 85-94.
4.Id. at 94.
5. See MCTC Judgment dated January 12, 2009 rendered by Judge Joseph A. Elmaco; pp. 133-177, at 176.
6.Id. at 94.
7.Gonzaga v. People, G.R. No. 195671, January 21, 2015, 746 SCRA 551, 566.