SECOND DIVISION
[G.R. No. 248468. September 11, 2019.]
FRIDAY R. NOCILLADO, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 September 2019which reads as follows:
"G.R. No. 248468 — (Friday R. Nocilladov. People of the Philippines.) — After review of the records, the Court resolves to DENY the petition for: (i) failure to attach the affidavit of service as required by Sections 3 and 5 of Rule 45, Section 5 (d) of Rule 56 and Section 13 of Rule 13 of the Rules of Court; (ii) failure to comply with Bar Matter No. 287 requiring all lawyers to indicate in all pleadings, motions and papers signed and filed by them, the number and date of their current Professional Tax Receipt and Integrated Bar of the Philippines Official Receipt Number; (iii) failure to comply with A.M. No. 07-6-5-SC requiring parties or their counsels to indicate in all their pleadings filed before the Supreme Court their contact details pursuant to Section 5 (e) of Rule 56 of the Rules of Court; and (iv) failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its 21 February 2019 Decision and 04 July 2019 Resolution, as to warrant the exercise of the Court's appellate jurisdiction.
As correctly ruled by the CA, all the elements of homicide, with the mitigating circumstance of voluntary surrender, were proven by the prosecution's evidence, warranting the affirmance of judgment of the courts a quo convicting petitioner. 1 Nevertheless, the awards of damages against petitioner should be modified in keeping with recent jurisprudence. 2 Petitioner is liable to pay the heirs of Enrico S. Huit 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 a rate of 6% per annum from the date of finality of this Resolution until full payment.
WHEREFORE, the 21 February 2019 Decision and 04 July 2019 Resolution of the Court of Appeals in CA-G.R. CR No. 39513 are AFFIRMED with MODIFICATIONS that Friday R. Nocillado is ordered to pay the heirs of Enrico S. Huit the amounts of P50,000 as civil indemnity, P50,000 as moral damages, and P50,000 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."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See People v. Aseniero, G.R. No. 218209, April 10, 2019.
2.People v. Jugueta, G.R. No. 202124, April 5, 2016.