FIRST DIVISION
[G.R. No. 226848. April 23, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ARIEL ABUDA y ABLETES, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 23, 2018which reads as follows: EcTCAD
"G.R. No. 226848 — People of the Philippines, plaintiff-appellee, v. Ariel Abuda y Abletes, accused-appellant.
After a careful review of the records of the case, the Court finds the appeal lacking in merit. We therefore adopt the findings of the Court of Appeals that affirmed with modification the findings of the Regional Trial Court of Binangonan, Rizal, Branch 67 in Criminal Case No. 04-148, that correctly found appellant Ariel Abuda y Abletes guilty beyond reasonable doubt of the crime of murder for killing the victim, Marites Gacita. However, the presence of the ordinary aggravating circumstance of dwelling should likewise have been appreciated. The prosecution satisfactorily established that appellant entered the house of the victim and killed her while inside the premises. He violated her house by entering the same and killing her without any provocation provided by the latter. With dwelling as an ordinary aggravating circumstance, appellant should have been meted the penalty of death if not for the proscription under Republic Act No. 9346. As such, the penalty to be imposed on appellant is reclusion perpetua but without eligibility for parole. Moreover, the monetary awards to the heirs of the victim must be modified to the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, P100,000.00 as exemplary damages, and P50,000.00 as temperate damages in lieu of actual damages, in line with prevailing jurisprudence. 1 Furthermore, interest shall be imposed on all monetary awards at the rate of 6% per annum from the date of the finality of this Resolution until fully paid. 2
WHEREFORE, the appeal is DISMISSED. We ADOPT the findings of the trial court as affirmed with modifications by the Court of Appeals. The assailed June 30, 2014 Decision of the Court of Appeals in CA-G.R. CR-HC No. 05231 affirming with modifications the June 23, 2011 Decision of the Regional Trial Court of Binangonan, Rizal, Branch 67 in Criminal Case No. 04-148, finding appellant Ariel Abuda y Abletes GUILTY beyond reasonable doubt of the crime of murder and sentencing him to suffer the penalty of reclusion perpetua is AFFIRMED with further MODIFICATIONS that appellant is without eligibility for parole and that the awards of civil indemnity, moral damages, and exemplary damages are increased to P100,000.00 each while the award of temperate damages is increased to P50,000.00. Interest shall be imposed on all the monetary awards at the rate of 6% per annum from the date of finality of this Resolution until fully paid.
SO ORDERED."C.J. Sereno on leave; J. Carpio designated as Acting Chief Justice per Special Order No. 2539 dated February 28, 2018; J. De Castro designated as Acting Chairperson per Special Order No. 2540 dated February 28, 2018; J. Martires designated as additional member per November 8, 2017 raffle vice J. Jardeleza who recused due to prior action as Solicitor General. HSAcaE
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1.People v. Jugueta, 783 Phil. 806, 839-840, 847 and 853 (2016).
2.Id. at 854.