SECOND DIVISION
[G.R. No. 236589. February 24, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. FERNANDO CARMELO, JR.yAUSTRIA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated24 February 2020which reads as follows:
"G.R. No. 236589 (People of the Philippines v. Fernando Carmelo, Jr. y Austria). — The Court NOTES the compliance with profuse apology dated January 20, 2020 of the Public Attorney's Office (PAO) with the Resolutions dated September 25, 2019 and March 14, 2018, stating that the Resolution dated March 14, 2018 was not received by the PAO Special and Appealed Cases Service (PAO-SACS) and could not be verified thru a copy of the return card, and that Atty. Mariane Celeste L. Cariño-Lameyra, who was assigned to this case, has resigned from the PAO-SACS, and dispensing the filing of the supplemental brief as accused-appellant Fernando Carmelo, Jr. y Austria's (accused-appellant) brief had adequately discussed all the matters pertinent to the defense. HEITAD
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, 2 the Court deems it proper to increase the award of exemplary damages to P75,000.00 and the award of temperate damages to P50,000.00.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the August 31, 2017 Decision 3 of the CA in CA-G.R. CR-HC No. 07404 and AFFIRMS with MODIFICATION said Decision finding accused-appellant GUILTY beyond reasonable doubt of the crime of Parricide, defined and penalized under Article 246 of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua and to pay the heirs of Milagros Carmelo y Valdez the following amounts: (a) 75,000.00 as civil indemnity; (b) 75,000.00 as moral damages; (c) 75,000.00 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,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated September 25, 2017; rollo, pp. 12-13.
2.People v. Jugueta, 783 Phil. 806, 848 (2016).
3.Rollo, pp. 2-11. Penned by Associate Justice Nina C. Antonio-Valenzuela with Associate Justices Stephen C. Cruz and Manuel M. Barrios, concurring.