THIRD DIVISION
[G.R. No. 233882. November 20, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. RAMIL BACERO y BERNAL, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedNovember 20, 2019, which reads as follows:
"G.R. No. 233882 (People of the Philippines v. Ramil Bacero y Bernal). — After a perusal of the records of the case, this Court resolves to dismiss the appeal for failure of accused-appellant Ramil Bacero y Bernal to sufficiently show that the Court of Appeals committed reversible error in upholding his conviction for the crime of Murder.
Nonetheless, the Court deems it proper to award temperate damages, since prevailing jurisprudence now fixes the amount of P50,000.00 as temperate damages in murder cases when no documentary evidence of burial or funeral expenses is presented in court. 1 HTcADC
WHEREFORE, the appeal is DISMISSED. The Decision dated March 28, 2017 of the Court of Appeals in CA-G.R. CR-HC No. 07087 is hereby AFFIRMED with MODIFICATION in that accused-appellant Ramil Bacero y Bernal is ORDERED to pay the heirs of the victim the following: (1) P75,000.00 as civil indemnity; (2) P75,000.00 as moral damages; (3) P75,000.00 as exemplary damages; (4) P50,000.00 as temperate damages; and (5) all the monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.
SO ORDERED." (Leonen, J., on official business; Gesmundo, J., designated as Acting Chairperson of the Third Division per Special Order No. 2737; Lazaro-Javier, J., designated as Additional Member of the Third Division per Special Order No. 2728, on official leave.)
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court
Footnotes
1.People v. Jugueta, 783 Phil. 806, 849 (2016).