FIRST DIVISION
[G.R. No. 242267. June 3, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.AAA AND BBB, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 3, 2019which reads as follows:
"G.R. No. 242267 — (People of the Philippines v. AAA and BBB) — The motion to withdraw appeal of AAA is GRANTED.
After review of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in upholding the conviction of accused-appellant BBB of the crime of murder. It is a fundamental rule that the trial court's factual findings, especially its assessment of the credibility of witnesses, are accorded great weight and respect and binding upon this Court, particularly when affirmed by the CA. The accused's bare and self-serving assertions cannot prevail over the positive identification of the prosecution witnesses.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated May 18, 2018 in CA-G.R. CR-H.C. No. 08451 and AFFIRMS the Decision finding accused BBB GUILTY beyond reasonable doubt of murder, and sentencing him to suffer the penalty of reclusion perpetua. To conform with prevailing jurisprudence, 1 We MODIFY the amounts adjudged, thus ordering BBB, jointly and severally with AAA, 2 to pay the heirs of Alfredo Jr. Borilla Corona the following: P75,000.00 as civil indemnity, P97,921.98 by way of actual damages, P75,000 as moral damages, P75,000.00 as exemplary damages. The interest of 6% per annum is imposed on these monetary awards from finality of the Decision until fully paid. HTcADC
The manifestation in lieu of supplemental brief of AAA and BBB, pursuant to the Resolution dated January 14, 2019, stating that a supplemental brief will not be filed and repleading and adopting all the arguments raised in the Appellants' Brief; and the Office of the Solicitor General's manifestation in lieu of supplemental brief, pursuant to the Resolution dated January 14, 2019, stating that filing a supplemental brief is no longer necessary as the Court of Appeals' decision has exhaustively discussed and judiciously passed upon the errors raised by appellants, are both NOTED. CAIHTE
SO ORDERED." Carandang, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331.
2. Furthermore, applying our ruling in the case of People v. Caballes (G.R. Nos. 102723-24, June 19, 1997, 274 SCRA 83, 100) since an appeal in a criminal case throws the whole case open for review, it is proper for this Court to impose additional damages upon appellant. Appellant BBB is therefore, jointly and severally liable with AAA, for the increased amount of P75,000.00 as civil indemnity, P97,921.98 by way of actual damages, P75,000 as moral damages, and P75,000.00 as exemplary damages. The same cannot apply, however, in the case of AAA who withdrew his appeal before us. Additional penalties cannot prejudice him, but modifications to the judgment beneficial to him are considered in his favor. Thus, he is not affected by the increase in the amount of the said award and he is only liable, jointly and severally with Appellant BBB, in the amount of P50,000.00 as civil indemnity, P97,921.98 by way of actual damages, P50,000.00 as moral damages, and P30,000.00 as exemplary damages. However, he will benefit to the reduction of interest rates accrued on these amounts from 12% as originally ordered by the trial court to 6% per annum.