SECOND DIVISION
[G.R. No. 238835. December 5, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.DIONISIO DELOS REYES y ALMAREZ ALIAS "DUNI", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated05 December 2018which reads as follows:
"G.R. No. 238835 (People of the Philippines v. Dionisio Delos Reyes y Almarez alias "Duni"). — This is an appeal 1 under Section 13 (c), Rule 124 of the Rules of Court, as amended seeking to reverse and set aside the Decision 2 dated October 27, 2017 issued by the Court of Appeals (CA) in CA-G.R. CR.-H.C. No. 07326, convicting accused-appellant Dionisio Delos Reyes y Almarez alias "Duni" of the crime of Homicide.
After an exhaustive review of the allegations, issues and arguments presented by the parties, the Court resolves to DISMISS the appeal for failure to sufficiently prove that the CA committed a reversible error in its disputed decision, as to warrant the exercise of the Court's discretionary appellate jurisdiction.
The Court, however, modifies the amount of temperate damages awarded in favor of the heirs of the late Matias Asis Rutaquio. Since prevailing jurisprudence 3 now fixes the amount of P50,000.00 as temperate damages in murder as well as in homicide cases, the Court deems it proper to increase the amount of temperate damages from P25,000.00 to P50,000.00.
WHEREFORE, premises considered, the Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated October 27, 2017 of the Court of Appeals in CA-G.R. CR.-H.C. No. 07326. Accordingly, accused-appellant Dionisio Delos Reyes y Almarez alias "Duni" is found GUILTY beyond reasonable doubt of the crime of Homicide. He is SENTENCED to suffer the indeterminate penalty of eight (8) years of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum, with full credit of his preventive imprisonment. He is further ORDERED to pay the heirs of the late Matias Asis Rutaquio P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as temperate damages, plus interest of six percent (6%) per annum on each item reckoned from the finality of this Resolution until full payment. SDAaTC
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTDivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. CA rollo, pp. 127-128.
2. Penned by Associate Justice Myra V. Garcia-Fernandez, with Associate Justices Romeo F. Barza and Ramon Paul L. Hernando (now a Member of this Court), concurring; id. at 107-122.
3.People of the Philippines v. Rodrigo Macaspac y Isip, G.R. No. 198954, February 22, 2017, citing People v. Jugueta, 783 Phil. 806 (2016).