SECOND DIVISION
[G.R. No. 246118. June 26, 2019.]
JERRARDO F. MANANGQUIL, VICENTE F. MANANGQUIL,1AND JIMMY F. MALGAPO, petitioners, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated26 June 2019which reads as follows:
"G.R. No. 246118 (Jerrardo F. Manangquil, Vicente F. Manangquil, and Jimmy F. Malgapo v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 2 and AFFIRM the October 24, 2018 Decision 3 and the March 21, 2019 Resolution 4 of the Court of Appeals (CA) in CA-G.R. CR No. 35836 finding petitioners Jerrardo F. Manangquil, Vicente F. Manangquil, and Jimmy F. Malgapo (petitioners) GUILTY beyond reasonable doubt of the crime of Homicide, defined and penalized under Article 249 of the Revised Penal Code. Accordingly, they are each sentenced to suffer the penalty of imprisonment for an indeterminate period of twelve (12) years of prision mayor, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum, and to solidarily pay the heirs of Cesar dela Cruz (dela Cruz) the following amounts: (a) P50,000.00 as civil indemnity; (b) P50,000.00 as moral damages; and (c) P50,000.00 as temperate damages. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment. 5 HTcADC
As correctly ruled by the CA, the prosecution had established with moral certainty all the elements 6 of the crime, given that: (a) dela Cruz was killed; 7(b) the prosecution witness positively identified petitioners as the perpetrators; 8(c) there was intent to kill on the part of the petitioners, as shown by the injuries he sustained and the manner by which they were inflicted; 9 and (d) the killing was not attended by any of the qualifying circumstances of Murder, Parricide or Infanticide. 10
It is settled that the assessment and findings of the trial court are generally accorded great weight, and are conclusive and binding on the Court unless tainted with arbitrariness or oversight of some fact or circumstance of weight and influence, 11 which were not shown in this case. CAIHTE
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Referred to as "Gerardo Manangkil" and "Vicente Manangkil" in Petition's title; rollo, p. 11.
2.Id. at 11-28.
3.Id. at 32-48. Penned by Associate Justice Carmelita Salandanan Manahan with Associate Justices Mario V. Lopez and Gabriel T. Robeniol, concurring.
4.Id. at 50-52.
5. See id. at 47.
6. The elements of Homicide are the following: (a) a person was killed; (b) the accused killed him without any justifying circumstance; (c) the accused had the intention to kill, which is presumed; and (d) the killing was not attended by any of the qualifying circumstances of Murder, or by that of Parricide or Infanticide. (See Wacoy v. People, 761 Phil. 570, 578 [2015], citing Villanueva v. Caparas, 702 Phil. 609, 616 [2013]. See also rollo, p. 45.)
7. See rollo, p. 44.
8. See id. at 42-44.
9. See id. at 44-45.
10. See People v. Alejandro, 807 Phil. 221, 229 (2017).
11. See People v. Bagamano, 793 Phil. 602, 608 (2016).