SECOND DIVISION
[G.R. No. 235017. April 23, 2018.]
PEOPLE OF THE PHILIPPINES, petitioner, vs.JOSE CONTAWI y ABAD AND MAGDALENA CONTAWI y RODOLFO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated23 April 2018which reads as follows: cHDAIS
"G.R. No. 235017 (People of the Philippines v. Jose Contawi y Abad and Magdalena Contawi y Rodolfo)
After a judicious study of the case, the Court resolves to DISMISS the appeal 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, 1 the Court deems it proper to adjust the award of damages in favor of the heirs of the victim, Rey Marco Pajarit (Pajarit).
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the July 19, 2017 Decision 2 of the CA in CA-G.R. CR-HC No. 08073 and AFFIRMS with MODIFICATION said Decision finding accused-appellants Jose Contawi y Abad and Magdalena Contawi y Rodolfo GUILTY beyond reasonable doubt of the crime of Murder, as defined and penalized under Article 248 of the Revised Penal Code. Accordingly, they are both sentenced to suffer the penalty of reclusion perpetua without eligibility for parole, and ordered to solidarily pay the heirs of Pajarit the following amounts each: (a) P100,000 as civil indemnity; (b) P100,000 as moral damages; (c) P100,000 as exemplary damages; and (d) P50,000.00 as temperate damages in lieu of actual damages. In addition, all monetary awards shall earn legal interest at the rate of 6% per annum from the date of the finality of this Resolution until full payment.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. 783 Phil. 806, 848 (2016).
2.Rollo, pp. 2-17. Penned by Associate Justice Normandie B. Pizarro with Associate Justices Samuel H. Gaerlan and Jhosep Y. Lopez concurring.