THIRD DIVISION
[G.R. No. 224634. February 20, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. JUAN ACADEMIA y PERATER, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 20, 2019, which reads as follows:
"G.R. No. 224634 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee, v. JUAN ACADEMIA y PERATER, accused-appellant). — This Court resolves the Appeal of the Court of Appeals October 28, 2015 Decision 1 in CA-G.R. CEB CR HC No. 01864. The Court of Appeals affirmed with modifications the Regional Trial Court May 28, 2014 Decision, 2 which found accused-appellant Juan P. Academia guilty of murder under Article 248 of the Revised Penal Code and sentenced him to reclusion perpetua and the payment of P50,000.00 as civil indemnity and P20,000.00 as reasonable reimbursement for burial expenses. 3
In affirming the trial court's decision, the Court of Appeals modified the award to add moral damages worth P50,000.00 and increased the amount of temperate damages to P25,000.00. Likewise, it added legal interest at the rate of six percent (6%) per annum. 4
On June 8, 2016, 5 the records of this case were forwarded to this Court in compliance with the March 30, 2016 Resolution 6 of the Court of Appeals, which gave due course to the Notice of Appeal. 7
In its July 18, 2016 Resolution, 8 this Court noted the records and required the parties to submit their respective supplemental briefs. Both accused-appellant and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, manifested that they would no longer submit supplemental briefs, and instead moved that this Court colder the arguments in their briefs submitted before the Court of Appeals. 9
After evaluating the records of this case, this Court resolves to DISMISS the appeal of accused-appellant for his failure to show any reversible error in the assailed Court of Appeals Decision, warranting this Court's appellate jurisdiction.
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals in its October 28, 2015 Decision in CA-G.R. CEB CR HC No. 01864, finding him GUILTY beyond reasonable doubt of murder under Article 248 of the Revised Penal Code and sentencing him to suffer the penalty of reclusion perpetua.
In view of People v. Jugueta, 10 the award of damages is MODIFIED. Accused-appellant is ordered to pay the heirs of the victim: (1) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; (2) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages; and (4) Fifty Thousand Pesos (P50,000.00) as temperate damages.
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until its full satisfaction. 11
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 5-17. The Decision was penned by Associate Justice Edgardo L. Delos Santos and concurred in by Associate Justices Renato C. Francisco and Edward B. Contreras of the Nineteenth Division, Court of Appeals, Cebu City.
2. CA rollo, pp. 33-37. The Decision, in Crim. Case No. 07-49-B, was penned by Judge Candelario V. Gonzalez of Branch 45, Regional Trial Court, Bais City.
3.Id. at 36.
4.Rollo, p. 17.
5.Id. at 1.
6.Id. at 21-22.
7.Id. at 18-20.
8.Id. at 24-25.
9.Id. at 26-29 and 31-33.
10. 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
11.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].