FIRST DIVISION
[G.R. No. 232330. June 27, 2018.]
PEOPLE OF THE PHILIPPINES, petitioner, vs. JOMAR ADOLFO y LUDIBINA a.k.a. "TAWING/WING,"respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 27, 2018which reads as follows:
"G.R. No. 232330 — People of the Philippines vs. Jomar Adolfo y Ludibina a.k.a. "Tawing/Wing"
For automatic review is the Decision 1 dated December 11, 2015 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 06879 which affirmed with modification the Decision 2 dated June 2, 2014 of the Regional Trial Court of Taguig City, Branch 153 in Criminal Case No. 144285, finding the accused-appellant Jomar Adolfo y Ludibina guilty of the crime of Murder.
After a perusal of the records of the case, this Court resolves to DISMISS the appeal for failure of the accused-appellant to sufficiently show any reversible error in the assailed CA decision.
Nonetheless, the damages awarded by the lower courts should be modified to conform to recent jurisprudence. Following the Court's ruling in People v. Jugueta, 3 the amounts of civil indemnity, moral damages and exemplary damages are P75,000.00 each, where the penalty imposed is reclusion perpetua as in this case. HEITAD
WHEREFORE, the instant appeal is DISMISSED. The Decision dated December 11, 2015 of the Court of Appeals in CA-G.R. CR-H.C. No. 06879, finding accused-appellant Jomar Adolfo y Ludibina a.k.a. "Tawing/Wing" GUILTY for the crime of Murder is AFFIRMED WITH MODIFICATIONS such that: (a) the award of civil indemnity in the amount of P50,000.00 is increased to P75,000.00; (b) the award of moral damages in the amount of P50,000.00 is increased to P75,000.00; (c) the amount of exemplary damages in the amount of P30,000.00 is increased to P75,000.00; and (d) temperate damages in the amount of P50,000.00 is awarded in lieu of actual damages of P9,800.00.
Other dispositions not herein otherwise modified, STANDS.
The Office of the Solicitor General's manifestation in compliance with the Resolution dated August 2, 2017, stating that it is dispensing with the filing of a supplemental brief since the Brief for the Appellee dated July 14, 2015 filed before the Court of Appeals had already exhaustively discussed the reasons why the appeal should be dismissed; the letter dated October 10, 2017 of P/Supt. I. Roberto R. Rabo, Superintendent, New Bilibid Prison Bureau of Corrections, Muntinlupa City, in compliance with the Resolution dated August 2, 2017, informing the Court that accused-appellant was received in the institution on June 26, 2014; and the accused-appellant's manifestation in lieu of supplemental brief, pursuant to the Resolution dated August 2, 2017, stating that a supplemental brief will no longer be filed considering that he had exhaustively discussed the assigned errors, legal issues and arguments in his Appellant's Brief dated March 5, 2015 filed before the Court of Appeals, are all NOTED. aDSIHc
SO ORDERED." Leonardo-De Castro, J., on official leave; Del Castillo, J., designated as Acting Chairperson of the First Division per Special Order No. 2562 dated June 20, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. Penned by Associate Justice Mariflor P. Punzalan Castillo, concurred in by Associate Justices Florito S. Macalino and Zenaida T. Galapante-Laguilles; rollo, pp. 2-17.
2. Rendered by Judge Mariam G. Bien, CA rollo, pp. 20-35.
3. 783 Phil. 806 (2016).