SECOND DIVISION
[G.R. No. 201148. February 2, 2015.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ELIGIO CABUSO y QUIZON, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated02 February 2015which reads as follows: HTcADC
G.R. No. 201148 — People of the Philippines, plaintiff-appellee, v. Eligio Cabuso y Quizon, accused-appellant.
After a careful review of the records of the case, we find the appeal of appellant Eligio Cabuso y Quizon to be lacking in merit. We, therefore, adopt the findings of facts of the trial court as affirmed by the Court of Appeals. Both the Regional Trial Court of Angeles City, Branch 59 and the Court of Appeals correctly found appellant guilty beyond reasonable doubt of the crime of parricide and properly sentenced him to suffer the penalty of reclusion perpetua. Moreover, appellant is not eligible for parole pursuant to Section 3 of Republic Act No. 9346 or the Act Prohibiting the Imposition of Death Penalty in the Philippines. The award of civil indemnity in the amount of P50,000.00 must be increased to P75,000.00 in line with prevailing jurisprudence. In addition, the heirs of the victim are entitled to receive moral damages in the amount of P50,000.00 and exemplary damages in the amount of P30,000.00. The award of actual damages in the amount of P70,000.00 is deleted for lack of proof. In lieu thereof, temperate damages in the amount of P25,000.00 is awarded. Finally, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of this resolution until fully paid.
WHEREFORE, we ADOPT the findings of facts of the trial court as affirmed by the Court of Appeals. The assailed September 30, 2011 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 02829 is AFFIRMEDwithMODIFICATION. Appellant Eligio Cabuso y Quizon is hereby found guilty beyond reasonable doubt of the crime of parricide and is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole. He is also ordered to pay the heirs of Arsenia Cabuso y Ramos the amounts of P75,000.00 as civil indemnity, P50,000.00 as moral damages, P30,000,00 as exemplary damages, and P25,000.00 as temperate damages, all with interest at the rate of 6% per annum from date of finality of this resolution until fully paid. (J. Velasco, Jr., designated Acting Member in view of the leave of absence of J. Brion, per Special Order No. 1910 dated January 12, 2015).
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court