FIRST DIVISION
[G.R. No. 259208. July 18, 2022.]
RUSTOM MALUYA y SARTIN, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 18, 2022, which reads as follows:
"G.R. No. 259208 (Rustom Maluya y Sartin 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 pursuant to Section 6, Rule 45 of the Rules of Court, and for lack of merit in the appeal pursuant to Section 5, Rule 45 in relation to Section 5 (b), Rule 56 of the Rules of Court.
The penalty imposed by the Court of Appeals should, however, be modified. The prescribed penalty for homicide under Article 249 of the Revised Penal Code is reclusion temporal. In the absence of mitigating or aggravating circumstances, the penalty shall be imposed in its medium period. Applying the Indeterminate Sentence Law, the minimum term shall be taken from within the range of the penalty next lower in degree, which is prision mayor in its medium period to reclusion temporal in its medium period. Thus, petitioner 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 (8) months and one (1) day of reclusion temporal, as maximum, for the crime of homicide. 1
Pursuant to People v. Menil, 2 petitioner shall pay P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as temperate damages. Thus, the amounts of civil indemnity, moral and temperate damages awarded by the Court of Appeals to the heirs of Zosima Orbeso are in accord with current jurisprudence. 3
WHEREFORE, the Petition for Review on Certiorari is DENIED. The Decision dated August 27, 2021 and the Resolution dated February 17, 2022 of the Court of Appeals in CA-G.R. CR No. 45423 are hereby AFFIRMED with MODIFICATION. Petitioner Rustom Maluya y Sartin is GUILTY beyond reasonable doubt of Homicide under Article 249 of the Revised Penal Code. Accordingly, he 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 (8) months, and one (1) day of reclusion temporal, as maximum, and to pay the heirs of Zosima Orbeso the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as temperate damages, all with legal interest at the rate of six percent (6%) per annum from the finality of this Resolution until full payment.
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.People v. Edgar F. Gayon, G.R. No. 230221, April 10, 2019.
2. G.R. No. 233205, June 26, 2019.
3. See Joemar T. Macato v. People, G.R. No. 252428, January 26, 2021 and Sofjan Soriano v. People, G.R. No. 255507, May 10, 2021.