FIRST DIVISION
[G.R. No. 218294. August 10, 2015.]
RODRIGO CUDAL Y POSADAS, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 10, 2015 which reads as follows:
"G.R. No. 218294 (Rodrigo Cudal y Posadas v. People of the Philippines). — The petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
After a judicious perusal of the records, the Court resolves to DENY the instant petition and AFFIRM the September 15, 2014 Decision 1 and May 8, 2015 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CR. No. 35796 for failure of petitioner Rodrigo Cudal y Posadas (petitioner) to show that the CA committed any reversible error in affirming his conviction for homicide punishable under Article 249 of the Revised Penal Code. However, in order to conform with recent jurisprudence, 3 the Court deems it proper to reduce the amount of temperate damages from P40,000.00 to P25,000.00. In addition, all monetary awards shall earn legal interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
As correctly held by the CA, the positive identification of petitioner as the assailant through the victim's ante-mortem declaration, which were shown to have met the conditions for its admissibility as a dying declaration or as a part of the res gestae, 4 is entitled to great weight and respect in affirming the conviction of petitioner, especially when such findings and conclusions of the trial court are affirmed on appeal, 5 as in this case.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. Rollo, pp. 68-81. Penned by Associate Justice Vicente S.E. Veloso with Associate Justices Nina G. Antonio-Valenzuela and Maria Elisa Sempio Diy concurring.
2. Id. at 95-97. Penned by Associate Justice Maria Elisa Sempio Diy with Associate Justices Celia C. Librea-Leagogo and Nina G. Antonio-Valenzuela concurring.
3. See Ocampo v. People, G.R. No. 194129, June 15, 2015.
4. See People v. Salafranca, 682 Phil. 470, 481-483 (2012); citations omitted.
5. See Almojuela v. People, G.R. No. 183202, June 2, 2014, 724 SCRA 293, 307-308; citations omitted.