FIRST DIVISION
[G.R. No. 248284. October 14, 2019.]
CIPRIANO MIRANDA, VIC VILLAMANTE AND NAPOLEON ROVILLOS, petitioners, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedOctober 14, 2019which reads as follows:
"G.R. No. 248284 (Cipriano Miranda, Vic Villamante and Napoleon Rovillos v. People of the Philippines)
Before this Court is a Petition for Review on Certiorari1 filed by Napoleon Rovillos (Napoleon) questioning the Decision 2 dated January 21, 2019 and Resolution 3 dated June 21, 2019 of the Court of Appeals (CA) in CA-G.R. CR No. 39531, which affirmed the ruling of the Regional Trial Court of San Jose City, Branch 38 (RTC) in Criminal Case No. C-30 (91) finding Napoleon, Carlo Miranda, Cipriano Miranda (Cipriano), Vic Villamante (Vic) and Balat Valmonte guilty beyond reasonable doubt of the crime of Frustrated Murder.
In the present petition, the Public Attorney's Office manifested that Cipriano and Vic expressed their lack of interest in pursuing the case, 4 and their conviction stands. aICcHA
After a perusal of the records of the case, this Court resolves to deny the petition of Napoleon for his failure to sufficiently show any reversible error in the assailed Decision of the CA. Nonetheless, the damages awarded by the CA is not in keeping with the recent jurisprudence. As provided for under People v. Jugueta, 5 it states that, when the crime committed is Murder and the penalty imposed is reclusion perpetua, the monetary awards of damages for the crime of Frustrated Murder are P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages. Therefore, We modify the damages awarded to such amounts.
WHEREFORE, the petition is DENIED. The Decision dated January 21, 2019 and Resolution dated June 21, 2019 of the Court of Appeals in CA-G.R. CR No. 39531, finding Carlo Miranda and Napoleon Rovillos GUILTY beyond reasonable doubt of the crime of Frustrated Murder and are sentenced to suffer the penalty of imprisonment of 8 years and 1 day of prision mayor, as minimum, to 14 years, eight months and 1 day of reclusion temporal, as maximum, is hereby AFFIRMED with MODIFICATION in that Carlo Miranda, Cipriano Miranda, Vic Villamante and Napoleon Rovillos are ORDERED to pay, jointly and severally, to Arnaldo Sanz the following amounts:
a) P50,000.00 as civil indemnity;
b) P50,000.00 as moral damages;
c) P50,000.00 as exemplary damages; and
d) P86,676.35 as actual damages. HSCATc
The damages awarded shall likewise earn the legal interest of six percent (6%) per annum counted from the date of finality of this judgment until fully paid.
SO ORDERED." Perlas-Bernabe, J., on official business; Gesmundo, J., designated as Acting Working Chairperson of the First Division per Special Order No. 2717; Zalameda, J., designated as Additional Member of the First Division per Special Order No. 2712.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 21-40.
2. Penned by Associate Justice Perpetua T. Atal-Paño, with Associate Justices Ricardo R. Rosario and Nina G. Antonio-Valenzuela, concurring; id. at 46-70.
3.Id. at 72-74.
4.Id. at 21, 44.
5. 783 Phil. 806 (2016).