SECOND DIVISION
[G.R. No. 251764. August 26, 2020.]
JESSIE DAVAN y MORALES ALIAS "BOYBOY", petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated26 August 2020which reads as follows:
"G.R. No. 251764 — (Jessie Davan y Morales alias "Boyboy" v. People of the Philippines) — This is a petition for review on certiorari under Rule 45 of the Rules of Court assailing the November 29, 2019 Decision 1 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 02829. The CA affirmed the January 5, 2018 Decision 2 of the Regional Trial Court (RTC), Branch 22 of Laoang, Northern Samar, which found petitioner Jessie Davan y Morales (Davan) guilty beyond reasonable doubt of the crime of Murder.
We have cautiously studied the case and resolved to DENY the instant petition for failing to show any reversible error in the assailed CA Decision as to warrant this Court's discretionary appellate jurisdiction. Moreover, the petition was filed beyond the reglementary period and suffers from technical infirmities because it lacks proof of service to the appellate court, and verification and certification against forum shopping.
Nonetheless, the Court modifies the monetary awards pursuant to People v. Jugueta. 3 The heirs of the victim are entitled to receive the following: civil indemnity in the amount of P75,000.00; moral damages in the amount of P75,000.00; exemplary damages in the amount of P75,000.00; and temperate damages in the amount of P50,000.00, in lieu of actual damages. All these monetary awards shall earn interest at the rate of six percent (6%) per annum from date of finality of this Resolution until fully paid.
Petitioner Davan's Motion to Admit Petition for Review is GRANTED.
WHEREFORE, the Petition for Review is DENIED. The November 29, 2019 Decision of the Court of Appeals in CA-G.R. CR-HC No. 02829 is AFFIRMED with MODIFICATION. Petitioner Jessie Davan y Morales is found GUILTY beyond reasonable doubt of the crime of Murder and is hereby sentenced to suffer the penalty of reclusion perpetua.
Jessie Davan y Morales is also ORDERED to pay the heirs of Nestor Espiña y Dula the following monetary awards: (1) P75,000.00 as civil indemnity; (2) P75,000.00 as moral damages; (3) P75,000.00 as exemplary damages; and (4) P50,000.00 as temperate damages. The amounts awarded shall earn an interest of six percent (6%) per annum from the date of finality of this Resolution until the full satisfaction thereof.
SO ORDERED." (Javier, J., designated additional member per Raffle dated July 6, 2020 vice Delos Santos, J., who concurred in the assailed Decision of the Court of Appeals; Baltazar-Padilla, J., on official leave)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 40-55; penned by Associate Justice Alfredo D. Ampuan and concurred in by Associate Justices Edgardo L. Delos Santos (now a member of this Court) and Marilyn B. Lagura-Yap.
2.Id. at 27-39.
3. 783 Phil. 806 (2016).