THIRD DIVISION
[G.R. No. 241945. March 4, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ROBERTO 1 ALFARO a.k.a. "OBET" and HENRY AMURAO y GUEVARRA a.k.a. "KA PUTI", accused,
HENRY AMURAO y GUEVARRA a.k.a. "KA PUTI", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedMarch 4, 2020, which reads as follows:
"G.R. No. 241945 (People of the Philippines v. Roberto Alfaro a.k.a. "Obet" and Henry Amurao y Guevarra a.k.a. "Ka Puti," accused; Henry Amurao y Guevarra a.k.a. "Ka Puti," accused-appellant). — Considering the allegations, issues and arguments presented in the appellant's and appellee's briefs, which the parties adopted instead of filing their respective supplementary appeal briefs, the Court resolves to DISMISS the Appeal 2 for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision 3 dated March 15, 2018, finding appellant guilty of the crime of Murder. HTcADC
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated March 15, 2018 of the Court of Appeals in CA-G.R. CR-HC No. 09071, and AFFIRMS with MODIFICATIONS said Decision finding appellant Henry Amurao y Guevarra a.k.a. "Ka Puti" GUILTY beyond reasonable doubt of Murder as defined under Article 248 4 of the Revised Penal Code, as amended. Appellant is hereby sentenced to suffer the penalty of reclusion perpetua. The phrase "without eligibility of parole" is deleted. 5 Appellant is ORDERED to PAY civil indemnity in the amount of P75,000.00; moral damages in the amount of P75,000.00; exemplary damages in the amount of P75,000.00; and temperate damages in the amount of P50,000.00. Moreover, all damages awarded shall earn interest at the rate of six percent (6%) per annum from date of finality of this Resolution until fully paid. 6
SO ORDERED."
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1. Also referred to as "Robert" in some parts of the rollo.
2. CA rollo, pp. 132-133.
3.Rollo, pp. 2-17; penned by Associate Justice Socorro B. Inting with Associate Justices Apolinario D. Bruselas, Jr. and Rafael Antonio M. Santos, concurring.
4. Art. 248. Murder. — Any person who, not falling within the provisions of Article 246, shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua, to death if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity;
2. In consideration of a price, reward, or promise;
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin;
4. On the occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
5. Pursuant to A.M. No. 15-08-02-SC, entitled Guidelines for the Proper Use of the Phrase "Without Eligibility for Parole" in Indivisible Penalties dated August 4, 2015.
6.Nacar v. Gallery Frames, 716 Phil. 267 (2013).