SECOND DIVISION
[G.R. No. 201843. January 16, 2013.]
PEOPLE OF THE PHILIPPINES, petitioner, vs. ARNOLD CAISIP Y CUSTODIO @ "WASDAY", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 16 January 2013 which reads as follows:
G.R. No. 201843 (People of the Philippines v. Arnold Caisip y Custodio @ "Wasday").
After a judicious perusal of the records, the Court resolves to DISMISS the appeal for failure to show that the Court of Appeals (CA) committed any reversible error in upholding the conviction of accused-appellant Arnold Caisip y Custodio for the crime of murder. As correctly found by the CA, the testimony of prosecution witness Henry Bea sufficiently identified the accused-appellant as the perpetrator of the crime and proved that the killing was attended by the qualifying circumstance of treachery. The Court, however, deems it proper to award exemplary damages to conform with prevailing jurisprudence.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the November 17, 2011 Decision 1 of the CA in CA-G.R. CR HC No. 04341 and AFFIRMS said Decision finding accused-appellant Arnold Caisip y Custodio GUILTY beyond reasonable doubt of the crime of murder in violation of Article 248 of the Revised Penal Code, with MODIFICATION sentencing him to suffer the penalty of reclusion perpetua and to indemnify the heirs of the victim the following amounts: (a) P75,000.00 as civil indemnity; (b) P50,000.00 as moral damages; (c) P25,000.00 as temperate damages; (d) P30,000.00 as exemplary damages; and (e) P14,858.50 as actual damages. (Brion, J., on leave.Leonen, J., designated Additional Member per Special Order No. 1408 dated January 15, 2013.) IDEHCa
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 2-10. Penned by Associate Justice Florito S. Macalino, with Associate Justices Josefina Guevara-Salonga and Ramon M. Bato, Jr., concurring.