SECOND DIVISION
[G.R. No. 199272. November 12, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JUDY CONDE y GALLEGO and DARIUS CONDE y GALLEGO, accused-appellants.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 12 November 2014which reads as follows:
G.R. No. 199272 — People of the Philippines, plaintiff-appellee, v. Judy Conde y Gallego and Darius Conde y Gallego, accused-appellants.
After a careful review of the records of the case, the Court finds the appeal of Judy Conde y Gallego and Darius Conde y Gallego to be lacking in merit. Both the Regional Trial Court of Silay City, Branch 69 and the Court of Appeals correctly found appellants guilty beyond reasonable doubt of the crime of murder and properly sentenced them to suffer the penalty of reclusion perpetua. Moreover, appellants are 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 moral damages in the amount of P50,000.00 is proper. However, the award of civil indemnity must be increased to P75,000.00 in line with prevailing jurisprudence. The heirs of Raul Taño are also entitled to exemplary damages in the amount of P30,000.00. Anent the award of actual damages in the amount of P20,704.15, the same must be modified. As we held in People v. Villanueva,1 "when actual damages proven by receipts during the trial amount to less than P25,000.00, as in this case, the award of temperate damages of P25,000.00 is justified in lieu of actual damages of a lesser amount." Accordingly, we grant temperate damages in the amount of P25,000.00 in lieu of actual damages. In addition, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of judgment until fully paid.
WHEREFORE, the assailed March 12, 2010 Decision of the Court of Appeals in CA-G.R.-CR-HC. No. 00528 finding appellants Judy Conde y Gallego and Darius Conde y Gallego guilty beyond reasonable doubt of the crime of murder and sentencing them to suffer the penalty of reclusion perpetua is AFFIRMED with MODIFICATIONS that they are not eligible for parole; that they are ordered to pay the heirs of Raul Taño 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 judgment until fully paid.
SO ORDERED. AEDISC
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. 456 Phil. 14, 29 (2003).