SECOND DIVISION
[G.R. No. 243214. February 4, 2019.]
LUCIO COLUMNA y CORREA A.K.A. "MANUEL COLUMNA, JR.", petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 04 February 2019 which reads as follows:
"G.R. No. 243214 (Lucio Columna y Correa a.k.a. "Manuel Columna, Jr." v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM with MODIFICATION the July 10, 2018 Decision 2 and the October 30, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 06930 for failure of petitioner Lucio Columna y Correa a.k.a. "Manuel Columna, Jr." (petitioner) to sufficiently show that the CA committed any reversible error in upholding his conviction for two (2) counts of Murder.
As correctly ruled by the CA, the inconsistencies in the testimonies of the prosecution witnesses were too minor and trivial to impair and undermine their credibility. 4 Besides, such witnesses consistently narrated the incident on its material points and positively identified petitioner as the killer. 5 It is settled that discordance in the testimonies of witnesses on minor matters heightens their credibility and shows that their testimonies were not coached or rehearsed, especially when there is consistency in relating the principal occurrence and positive identification of the assailant, 6 as in this case.
However, in light of prevailing jurisprudence, 7 the Court deems it proper to modify the award of damages, and accordingly, order petitioner to pay the heirs of Atty. Franklin Tamargo and Gail Frazielle Tamargo the following amounts for each count: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; and (c) P75,000.00 as exemplary damages. Moreover, all monetary awards shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018. REYES, J., JR., J., on official leave.)
Very truly yours,MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 7-21.
2.Id. at 27-44. Penned by Associate Justice Renato C. Francisco with Associate Justices Magdangal M. De Leon and Ma. Luisa Quijano-Padilla, concurring.
3.Id. at 55-56. Penned by Associate Justice Ma. Luisa C. Quijano-Padilla with Associate Justices Remedios A. Salazar-Fernando and Franchito N. Diamante, concurring.
4. See id. at 39.
5. See id. at 39-40.
6. See People v. Avila, 787 Phil. 346, 360 (2016), citing People v. Crisostomo, 354 Phil. 867, 876 (1998).
7.People v. Jugueta, 783 Phil. 806, 848 (2016).