FIRST DIVISION
[G.R. No. 229500. September 4, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ZALDY CUEVAS BIGALAN, JR., accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 4, 2019which reads as follows:
"G.R. No. 229500 (People of the Philippines v. Zaldy Cuevas Bigalan, Jr.)
On appeal is the Decision 1 dated November 6, 2015 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 05670 affirming the conviction of accused-appellant Zaldy Cuevas Bigalan, Jr. for the special complex crime of Robbery with Homicide.
After a judicious study of the case, the Court resolves to dismiss the appeal.
Considering the allegations, issues and arguments raised in the accused-appellant's and the appellee's briefs filed with the CA, which the parties adopted instead of filing their Supplemental Briefs, this Court finds no cogent reason to deviate from the ruling of the courts below, finding Zaldy Cuevas Bigalan, Jr. guilty beyond reasonable doubt of Robbery with Homicide.
The penalty of reclusion perpetua is in accord with Article 294 2 of the Revised Penal Code. However, the monetary awards should be modified in accordance with People v. Jugueta. 3 Since the penalty imposed is reclusion perpetua, the amounts of civil indemnity, moral damages, and exemplary damages shall be P75,000.00 each, all subject to six percent (6%) interest until fully paid. The amounts awarded for actual damages and loss of income shall be sustained, as these amounts are substantiated by evidence presented by the prosecution.
WHEREFORE, premises considered, the instant appeal is hereby DISMISSED. The Decision dated November 6, 2015 of the Court of Appeals in CA-G.R. CR-HC No. 05670 which found Zaldy Cuevas Bigalan, Jr. guilty beyond reasonable doubt of Robbery with Homicide is AFFIRMED with MODIFICATION in that Zaldy Cuevas Bigalan, Jr. is ORDERED to pay the heirs of Danilo Andaya the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P75,000.00 as exemplary damages, P116,760.00 as actual damages, and P1,995,199.99 as damages for lost income, all subject to legal interest of six percent (6%) per annum from the date of the finality of this Resolution until fully paid.
SO ORDERED."Jardeleza, J., took no part; Caguioa, J., designated additional member per raffle dated September 6, 2017.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 2-17.
2. Art. 294. Robbery with Violence against or Intimidation of Persons-Penalties. — Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed.
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3. 783 Phil. 806 (2016). For Special Complex Crimes like Robbery with Homicide, Robbery with Rape, Robbery with Intentional Mutilation, Robbery with Arson, Rape with Homicide, Kidnapping with Murder, Carnapping with Homicide or Carnapping with Rape, Highway Robbery with Homicide, Qualified Piracy, Arson with Homicide, Hazing with Death, Rape, Sodomy or Mutilation and other crimes with death, injuries, and sexual abuse as the composite crimes, where the penalty consists of indivisible penalties:
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
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