SECOND DIVISION
[G.R. No. 232491. October 3, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. RODRIGO CABAYA y SANIDAD, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated03 October 2018which reads as follows: HTcADC
"G.R. No. 232491 (People of the Philippines v. Rodrigo Cabaya y Sanidad)
After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. However, in light of prevailing jurisprudence, particularly, People v. Jugueta, 2 the Court deems it proper to adjust the amounts of damages in favor of the heirs of the victim, Valdimer T. Mongcal (Mongcal).
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the March 31, 2016 Decision 3 of the CA in CA-G.R. CR HC No. 06471 and AFFIRMS with MODIFICATION said Decision finding accused-appellant Rodrigo Cabaya y Sanidad GUILTY beyond reasonable doubt of the crime of Murder, as defined and penalized under Article 248 of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua and to pay the heirs of Mongcal the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; and (c) P75,000.00 as exemplary damages. Moreover, all monetary awards shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED." (CAGUIOA, J., on leave; REYES, J., JR., J., designated as Additional Member per Special Order No. 2587 dated August 28, 2018.)
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZON
Deputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated May 3, 2016; rollo, pp. 13-14.
2.People v. Jugueta, 783 Phil. 806, 848 (2016).
3.Rollo, pp. 2-12. Penned by Associate Justice Maria Elisa Sempio Diy with Associate Justices Ramon M. Bato, Jr. and Manuel M. Barrios, concurring.