THIRD DIVISION
[G.R. No. 208099. July 28, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDMUNDO CARIT Y TINGSON, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated July 28, 2014, which reads as follows:
"G.R. No. 208099 (People of the Philippines v. Edmundo Carit y Tingson). — This resolves the appeal via Section 13, paragraph (c), Rule 124 of the Rules of Court as amended by A.M. No. 00-5-03-SC of the decision of the Regional Trial Court, National Capital Region, Branch 153, Pasig City. 1 The trial court found the accused guilty of murder under Article 248 of the Revised Penal Code and imposed the penalty of reclusion perpetua, ordering him to pay the amount of fifty thousand pesos (P50,000.00) as civil indemnity. 2
The Court of Appeals, upon intermediate review, affirmed with modification the decision of the trial court. 3 It modified the award of damages as follows: P75,000.00 as indemnity for the death of Tomas Canlas; P62,500.00 as actual damages; P50,000.00 as moral damages; and P30,000.00 as exemplary damages. 4
Pursuant to its resolution dated February 14, 2013, the Court of Appeals elevated the records of the case to this court on July 1, 2013. 5 The Court of Appeals gave due course to accused-appellant's notice of appeal. 6 In a resolution dated September 11, 2013, this court required the parties to submit their respective supplemental briefs. 7 Both parties filed their respective manifestations (in lieu of supplemental brief) on November 15, 2013 8 and November 21, 2013. 9
After considering the parties' arguments and the records of this case, this court resolves to DISMISS accused-appellant's appeal for failing to show reversible error in the assailed decision warranting the exercise of this court's appellate jurisdiction.
However, in line with current jurisprudence, interest at the rate of 6% per annum should be imposed on all damages awarded from the date of the finality of this judgment until fully paid. 10
WHEREFORE, this court ADOPTS the findings of fact and conclusions of law of the Court of Appeals' decision dated December 10, 2012 in CA-G.R. CR HC No. 04746, finding accused-appellant Edmundo Carit y Tingson GUILTY beyond reasonable doubt of murder under Article 248 of the Revised Penal Code, and sentencing him to reclusion perpetua without the eligibility of parole. The assailed decision is AFFIRMED with MODIFICATION in that the award of damages shall earn interest at the rate of 6% per annum from the date of finality of the judgment until fully paid. (Villarama, Jr., J., designated Acting Member in view of the vacancy in the Third Division per Special Order No. 1691 dated May 22, 2014.)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. CA rollo, pp. 9-14.
2. Id. at 14.
3. Rollo, pp. 2-21. CA-G.R. CR HC No. 04746, Court of Appeals, Twelfth Division, per Justice E.B.J. Peralta, Jr. Members: Veloso, V.S.E., Ch., & Lantion, J.A.C.
4. Id. at 20-21.
5. Id. at 1.
6. Id.
7. Id. at 23.
8. Id. at 31.
9. Id. at 34-35.
10. See People v. Lagman, G.R. No. 197807, April 16, 2012, 669 SCRA 512, 528-529 [Per J. Velasco, Jr., Third Division], citing People v. Combate, G.R. No. 189301, December 15, 2010, 638 SCRA 797 [Per J. Velasco, Jr., First Division]; See also People v. Cruz, G.R. No. 201728, July 17, 2013, 701 SCRA 548, 559-560 [Per J. Reyes, First Division], citing People v. Cabungan, G.R. No. 189355, January 23, 2013, 689 SCRA 236, 249 [Per J. Del Castillo, Second Division]; People v. Gani, G.R. No. 195523, June 5, 2013, 697 SCRA 530, 540 [Per J. Peralta, Third Division], citing People v. Amistoso, G.R. No. 201447, January 9, 2013, 688 SCRA 376, 395 [Per J. Leonardo-De Castro, First Division]; People v. Arpon, G.R. No. 183563, December 14, 2011, 662 SCRA 506, 540 [Per J. Leonardo-De Castro, First Division].