SECOND DIVISION
[G.R. No. 258998. April 25, 2022.]
RONEL GERALDO1y ALLE, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated25 April 2022which reads as follows:
"G.R. No. 258998 (Ronel Geraldo y Alle v. People of the Philippines). — The Court resolves to DENY the Petition for Review on Certiorari for failure to sufficiently show any reversible error in the assailed judgment as to warrant the exercise of this Court's discretionary appellate jurisdiction in this case pursuant to Section 6, Rule 45 of the Rules of Court.
Both the Regional Trial Court and the Court of Appeals correctly found petitioner guilty of Homicide for the killing of Jeffrey Layacan y Valdez. Petitioner himself admitted to the killing but interposed self-defense. However, his claim of self-defense was properly disregarded by the lower courts for failure to show unlawful aggression on the part of the victim.
However, there is a need to modify the award of actual damages from P16,350.00 to P50,000.00 pursuant to current jurisprudence. In addition, the legal interest imposed by the trial court as affirmed by the appellate court, i.e., twelve percent (12%) per annum from filing of the Information until June 30, 2013, and six percent (6%) per annum from July 1, 2013 until full satisfaction, should, likewise, be modified. Pursuant to Nacar v. Gallery Frames, 2 all monetary awards shall earn six percent (6%) interest per annum from the finality of this Resolution until full payment.
In addition, there is a need to modify the penalty imposed by the trial court, as affirmed by the appellate court. There being no modifying circumstance, and applying the Indeterminate Sentence Law, the proper imposable penalty is eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight months (8), and one (1) day of reclusion temporal, as maximum.
WHEREFORE, the petition is DENIED. The Decision dated November 19, 2020 and the Resolution dated September 30, 2021 of the Court of Appeals in CA-G.R. CR No. 42190, are hereby AFFIRMED with MODIFICATION in that accused-appellant Ronel Geraldo y Alle is sentenced to suffer the indeterminate penalty of imprisonment of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight months (8), and one (1) day of reclusion temporal, as maximum. Moreover, the amount of actual damages is increased to P50,000.00, and all monetary awards shall earn interest at the rate of six percent (6%) per annum from date of finality of this Resolution until full payment. CAIHTE
SO ORDERED."(Perlas-Bernabe, S.A.J., on official leave; Hernando, J., Acting Chairperson per Special Order No. 2887 dated April 8, 2022)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Also spelled as Gelardo in some parts of the records.
2. 716 Phil. 267-283 (2013).