SECOND DIVISION
[G.R. No. 240919. March 18, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner,vs. SERGIO CALLORA y MARIANO ALIAS "HITLER", respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 18 March 2019 which reads as follows:
"G.R. No. 240919 (People of the Philippines v. Sergio Callora y Mariano alias "Hitler")
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 award of damages in favor of the heirs of victim Levey 3 Silaw Amato (Amato).
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the December 7, 2017 Decision 4 of the CA in CA-G.R. CEB CR-HC No. 02067 and AFFIRMS with MODIFICATION said Decision finding accused-appellant Sergio Callora y Mariano alias "Hitler" GUILTY beyond reasonable doubt of the crime of Murder, 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 Amato the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; (c) P75,000.00 as exemplary damages; and (d) P50,000.00 as temperate damages. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated December 20, 2017; rollo, pp. 26-27.
2.People v. Jugueta, 783 Phil. 806, 852 (2016).
3. Also referred to as "Levy" in some parts of the rollo.
4.Rollo, pp. 4-25. Penned by Associate Justice Louis P. Acosta with Associate Justices Pamela Ann Abella Maxino and Germano Francisco D. Legaspi, concurring.