SECOND DIVISION
[G.R. No. 242631. June 10, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.RICO DELA PEÑA y CLORES, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated10 June 2019which reads as follows:
"G.R. No. 242631 (People of the Philippines v. Rico Dela Peña y Clores)
After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure of accused-appellant Rico Dela Peña y Clores 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 Isabelo A. Olano (Olano) and the heirs of Teody C. Legaspi (Legaspi). HTcADC
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the April 20, 2018 Decision 3 of the CA in CA-G.R. CR HC No. 08508 and AFFIRMS with MODIFICATION said Decision finding accused-appellant Rico Dela Peña y Clores GUILTY beyond reasonable doubt of the crimes of Murder and Attempted Murder, defined and penalized under Article 248 (1) and Article 248, in relation to Article 51 of the Revised Penal Code, respectively. Accordingly, he is sentenced as follows: (a) in Criminal Case No. 13569, the penalty of reclusion perpetua and to pay the heirs of Legaspi the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P75,000.00 as exemplary damages, and P50,000.00 as temperate damages; and (b) in Criminal Case No. 13635, the penalty of imprisonment for an indeterminate period of two (2) years, four (4) months, and one (1) day of prision correccional, as minimum, to eight (8) years and one (1) day of prision mayor, as maximum, and to pay Olano the amounts of P50,000.00, as civil indemnity, P50,000.00 as moral damages, P50,000.00 as exemplary damages, and P50,000.00 as temperate damages. 4 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. CAIHTE
SO ORDERED. (REYES, J., JR., J., on leave.)"
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated June 1, 2018; rollo, pp. 15-16.
2. 783 Phil. 806, 848 and 853 (2016).
3.Rollo, pp. 2-14. Penned by Associate Justice Marie Christine Azacarraga-Jacob with Associate Justices Samuel H. Gaerlan and Ramon Paul L. Hernando (now a member of this Court), concurring.
4. In People v. Libre (792 Phil. 12, 35 [2016]), the Court deemed it proper to further impose the award of temperate damages — even if the prosecution failed to prove the amount actually expended for medical expenses — since the heirs of the victim suffered pecuniary loss due to the crime committed. Moreover, in line with People v. Jugueta (supra note 2, at 853), the amount of the said award is increased from P25,000.00 to P50,000.00.