FIRST DIVISION
[G.R. No. 241921. June 26, 2019.]
HERBERT R. COLANGCO, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 26, 2019which reads as follows:
"G.R. No. 241921 (Herbert R. Colangco v. People of the Philippines)
Considering the allegations, issues and arguments presented in the petition and supplemental petition, the Court resolves to DENY the petition for failure of the petitioner to sufficiently show reversible error in the challenged November 29, 2017 Decision 1 and June 27, 2018 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 07293, warranting the exercise of the Court's appellate jurisdiction.
However, in light of the ruling of the Court in People v. Jugueta, 3 the amounts of civil indemnity, moral and exemplary damages awarded by the Regional Trial Court, which was increased by the CA, should be modified. In special complex crimes like robbery with homicide where the penalty imposed is reclusion perpetua, the awards for civil indemnity, moral and exemplary damages are now uniformly pegged at P75,000.00. 4 Additionally, the heirs of the victims who died of gunshot wounds are entitled to P50,000.00 each as temperate damages, in lieu of actual damages. 5 The award of P25,000.00 each as temperate damages to security guards Ricky Magnaong (Magnaong), Ronald Flores (Flores) and Oscar Barbo (Barbo) are likewise increased to P50,000.00. HTcADC
WHEREFORE, the findings of fact and conclusions of law in the November 29, 2017 Decision and June 27, 2018 Resolution of the Court of Appeals in CA-G.R. CR-HC No. 07293 are AFFIRMED with MODIFICATIONS. Appellant Herbert R. Colangco is hereby found GUILTY beyond reasonable doubt of the crime of robbery with homicide and is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole and ordered to pay BDO-SM Sucat P9.7 million and US$10,000.00; the heirs of the two victims who died of gunshot wounds P75,000.00 each as civil indemnity, P75,000.00 each as moral damages and P75,000.00 each as exemplary damages, as well as temperate damages of P50,000.00 each; and security guards Magnaong, Flores and Barbo the amount of P50,000.00 each as temperate damages. All the foregoing monetary awards shall earn interest at the rate of six percent (6%) per annum from the date of finality of the judgment until fully paid.
The petitioner's supplemental petition for review, stating that to further elucidate, thus, buttress, the arguments raised in the petition for review, petitioner interposed this supplemental petition and stating therein his averments; and his compliance, submitting the verified declaration of the motion for extension to file petition for review on certiorari in compliance with the Resolution dated November 21, 2018, are both NOTED. CAIHTE
SO ORDERED."Jardeleza, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 28-46; penned by Associate Justice Jose C. Reyes, Jr. (now a Member of this Court) with Associate Justices Jane Aurora C. Lantion and Victoria Isabel A. Paredes, concurring.
2.Id. at 48.
3. 783 Phil. 806 (2016).
4.People v. Dillatan, G.R. No. 212191, September 5, 2018.
5.People v. Dagsil, G.R. No. 218945, December 13, 2017, citing People v. Jugueta, supra.