THIRD DIVISION
[G.R. No. 255987. October 6, 2021.]
JOHNIE REY NABUA y RUZ, petitioner, vs.PEOPLE OF THE PHILIPPINES AND MA. CONCEPCION O. DASIG, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedOctober 6, 2021, which reads as follows: HTcADC
"G.R. No. 255987 (Johnie Rey Nabua y Ruz v. People of the Philippines and Ma. Concepcion O. Dasig). — The Court GRANTS petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari, counted from the expiration of the reglementary period.
After a perusal of the records of the case, this Court resolves to deny the Petition for Review on Certiorari1 under Rule 45 of the Rules of Court filed by petitioner Johnie Rey Nabua y Ruz for his failure to sufficiently show that the Court of Appeals erred in finding him civilly liable for the death of Lorenzo Dasig Jr.
On the award of damages, the Court modifies the same in keeping with the rulings in People v. Jugueta (Jugueta)2 and People v. Villanueva3(Villanueva). In Jugueta, the Court held that in criminal cases such as Reckless Imprudence resulting to Homicide, the damages to be awarded are civil indemnity and moral damages in the amount of P50,000.00, respectively. 4 Hence, the Court adds P50,000.00 as civil indemnity due to the death of the victim. Further, the award of actual damages is affirmed there being no error in the same.
However, the award of temperate damages must be deleted in accordance with the Court's pronouncement in Villanueva. In that case, the Court held that actual damages and temperate damages are mutually exclusive. Both damages may not be awarded at the same time. 5 Hence, an award of actual damages will no longer entitle the claimant to an award of temperate damages. Since in this case, respondent Ma. Concepcion O. Dasig has already been granted actual damages in the amount of P218,086.20 as medical expenses and P80,000.00 as burial expenses, 6 the award of temperate damages in the amount of P50,000.00 is no longer availing.
WHEREFORE, the petition is DENIED. The Decision dated February 21, 2020 and the Resolution dated February 17, 2021 of the Court of Appeals in CA-G.R. SP No. 157107 are AFFIRMED with MODIFICATION in the following:
a. P50,000.00 as civil indemnity;
b. P50,000.00 as moral damages; and
c. P218,086.20 for medical expenses and P80,000.00 as actual damages.
The award of damages shall likewise be subject to an interest of six percent (6%) per annum reckoned from the finality of this Resolution until full payment.
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1. Rollo, pp. 11-24.
2. 783 Phil. 806 (2016).
3. 456 Phil. 14 (2003).
4. Supra note 2 at 846.
5. Supra note 3 at 29.
6. Rollo, p. 277.