THIRD DIVISION
[G.R. No. 201573. January 23, 2013.]
PEOPLE OF THE PHILIPPINES, petitioner, vs. MARTIN AGUILA Y COMPAS AND ADRIANO ARITANA Y ASTILLERO, accused.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated January 23, 2013, which reads as follows:
"G.R. No. 201573 (People of the Philippines vs. Martin Aguila y Compas and Adriano Aritana y Astillero). — The records of this case were elevated to this Court on May 10, 2012, pursuant to the Resolution of the Court of Appeals, dated December 12, 2011, which gave due course to the notice of appeal filed by the accused, Martin Aguila y Compas and Adriano Aritana y Astillero.
The Court resolves to NOTE the Letter, dated December 10, 2012, of the Bureau of Corrections, Muntinlupa City, confirming the confinement of accused Adriano Aritana y Astillero.
After a careful perusal of the records of the case, the Court further resolves to DISMISS the appeal for failure of the accused to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction. Thus, the decision of the Court of Appeals is affirmed except that the award of civil indemnity be reduced from P75,000.00 to 150,000.00. When the circumstances surrounding the crime of murder call for the imposition of reclusion perpetua only, as in the instant case, absent any attendant mitigating or aggravating circumstances, the amount of P50,000.00 as civil indemnity is proper. 1 CAaSHI
WHEREFORE, the Court AFFIRMS with MODIFICATION the findings of fact and conclusions of law in the Decision, dated November 17, 2011, of the Court of Appeals in CA-G.R. C.R.-H.C. No. 04449, to read as follows:
A. In Criminal Case No. 2006-0533:
Accused Martin Aguila y Compas and Adriano Aritana y Astillero are found guilty beyond reasonable doubt of the crime of frustrated murder and each sentenced to suffer the indeterminate penalty of imprisonment of six (6) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum, and to pay the victim, Constancio Guevarra, moral damages of P40,000.00, exemplary damages of P20,000.00, and temperate damages of P25,000.00.
B. In Criminal Case No. 2006-0534:
Accused Martin Aguila Compas and Adriano Aritana y Astillero are found guilty beyond reasonable doubt of the crime of murder and each sentenced to suffer the penalty of reclusion perpetua and to pay the heirs of the victim, Tomoyuki Nishikawa, civil indemnity of P50,000.00, moral damages of P50,000.00, exemplary damages of P30,000.00, and temperate damages of P25,000.00.
SO ORDERED." cSCTID
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1.People v. Angelio, G.R. No. 197540, February 27, 2012, 667 SCRA 102, 112.