Dasing v. People
This is a criminal case, G.R. No. 254361, titled "Saldy Dasing and Salvador Valdez vs. People of the Philippines". The Supreme Court denied the petitioners' claim that the Court of Appeals (CA) committed reversible error in upholding their conviction for Attempted Murder. The Court found that the testimonies of the prosecution's witnesses were credible and sufficient to establish the petitioners' guilt beyond reasonable doubt. However, the Court modified the damages awarded to the petitioners in accordance with prevailing jurisprudence, reducing the civil indemnity, moral damages, and exemplary damages from Php50,000.00 each to Php25,000.00 each, and subjecting all monetary awards against the petitioners to interest at the rate of six percent (6%) per annum from the finality of the ruling until fully paid.
ADVERTISEMENT
FIRST DIVISION
[G.R. No. 254361. March 18, 2021.]
SALDY DASING AND SALVADOR VALDEZ, petitioners, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedMarch 18, 2021 which reads as follows: HTcADC
"GR. No. 254361 (Saldy Dasing and Salvador Valdez,Petitioners, v. People of the Philippines,Respondent). — The Court resolves to DENY the instant Petition for Review on Certiorari for failure of the petitioners Saldy Dasing and Salvador Valdez (petitioners) to sufficiently show that the Court of Appeals (CA) committed any reversible error in upholding their conviction for Attempted Murder.
A careful review of the records shows that petitioners vainly harp on factual issues which have already been judiciously threshed out and passed upon by the trial court, as affirmed by the CA. The victim, Dennis Jay Gorospe (Dennis) and his witness, Digna Romero, positively and categorically identified petitioners, along with their co-accused, Edeson Aquino, as his transgressors. Contrary to petitioners' insistence, the testimonies of the prosecution's witnesses are credible and sufficient to establish petitioners' guilt beyond reasonable doubt for the crime of Attempted Murder. The Court sees no cogent reason to conclude otherwise.
Thus, the Court affirms the conviction of petitioners for the crime of Attempted Murder. However, the award of damages should be modified in accordance with prevailing jurisprudence. Apart from the actual damages in the amount of Php17,130.00, petitioners should only be required to pay Php25,000.00 as civil indemnity, Php25,000.00 as moral damages, and Php25,000.00 as exemplary damages in consonance with this Court's ruling in People v. Jugueta. 1 Finally, the monetary judgment against petitioners are subject to legal interest at the rate of six percent (6%) per annum from the finality of this ruling until fully paid. 2
WHEREFORE, premises considered, the instant Petition for Review on Certiorari is hereby DENIED. The Decision dated 15 November 2019 and Resolution dated 23 October 2020, issued by the Court of Appeals (CA) in CA-G.R. CR No. 42499, are AFFIRMED with MODIFICATION in that the civil indemnity, moral damages, and exemplary damages are reduced from Php50,000.00 each to Php25,000.00 each. All monetary awards against petitioners are subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until fully paid.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
by:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1. See Casilac v. People, G.R. No. 238436, 17 February 2020 [Per CJ. Peralta].
2. See People v. Jugueta, G.R. No. 202124, 05 April 2016 [Per J. Peralta].
RECOMMENDED FOR YOU