FIRST DIVISION
[G.R. No. 232295. August 1, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEONARDO AUSTRIA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 1, 2018which reads as follows:
"G.R. No. 232295 — People of the Philippines vs. Leonardo Austria
For review is the Decision 1 dated January 26, 2017 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 06992, which affirmed the Decision 2 dated May 28, 2014 of the Regional Trial Court (RTC) of Palawan and Puerto Princesa City, Branch 47, in Criminal Case No. 21204, that found Leonardo Austria (accused-appellant), guilty beyond reasonable doubt of the crime of Murder and sentenced him to suffer the penalty of Reclusion Perpetua; and ordered him to pay the Heirs of Adriano Magala the amount of P75,000.00 for civil indemnity; P25,000.00 as temperate damages; P50,000.00 for moral damages; P30,000.00 for exemplary damages; and P360,000.00 for loss of earning capacity.
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. HTcADC
We, however, find the necessity to modify the award of moral, exemplary and temperate damages to conform with People v. Jugueta, 3 which states:
I. For those crimes like, Murder, Parricide, Serious Intentional Mutilation, Infanticide, and other crimes involving death of a victim where the penalty consists of indivisible penalties:
xxx xxx xxx
2.1 Where the penalty imposed is reclusion perpetua, other than the above-mentioned:
a. Civil indemnity — P75,000.00
b. Moral damages — P75,000.00
c. Exemplary damages — P75,000.00
xxx xxx xxx
VII. In all of the above instances, when no documentary evidence of burial or funeral expenses is presented in court, the amount of P50,000.00 as temperate damages shall be awarded. 4
Further, consistent with present jurisprudence, the legal rate of 6% per annum is imposed on all monetary awards from date of finality of this Resolution until fully paid. 5
WHEREFORE, this Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated January 26, 2017 of the Court of Appeals in CA-G.R. CR-H.C. No. 06992 finding accused-appellant Leonardo Austria, guilty beyond reasonable doubt of the crime of Murder and sentencing him to suffer the penalty of reclusion perpetua, with MODIFICATION that accused-appellant is ordered to pay P75,000.00 in moral damages; P75,000.00 in exemplary damages and P50,000.00 in temperate damages, with interest at the rate of six percent (6%) per annum from the time of finality of this Resolution until fully paid. CAIHTE
SO ORDERED."Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division 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 Romeo F. Barza, concurred in by Presiding Justice Andres B. Reyes, Jr. (now a Member of this Court) and Associate Justice Socorro B. Inting; rollo, pp. 2-14.
2. Rendered by Presiding Judge Jocelyn Sundiang Dilig; CA rollo, pp. 75-90.
3. 783 Phil. 806 (2016).
4.Id. at 847-853.
5.People v. Banez, et al., 770 Phil. 40, 49 (2015).