SECOND DIVISION
[G.R. No. 234159. April 23, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.PO1 REGGIE DOMINGUEZ y VALBUENA AND PO1 JAMAL LACSAMAN y SULTAN, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated23 April 2018which reads as follows: cTDaEH
"G.R. No. 234159 (People of the Philippines v. PO1 Reggie Dominguez y Valbuena and PO1 Jamal Lacsaman y Sultan)
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 line with the 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 Jose V. Anda (Anda).
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the June 14, 2017 Decision 2 of the CA in CA-G.R. CR-H.C. No. 08016 and AFFIRMS with MODIFICATION said Decision finding accused-appellants PO1 Reggie Dominguez y Valbuena and PO1 Jamal Lacsaman y Sultan GUILTY beyond reasonable doubt of the special complex crime of Robbery with Homicide, as defined and penalized under Article 294 of the Revised Penal Code, as amended, sentencing them to suffer the penalty of reclusion perpetua, and to solidarily pay the heirs of Anda the following amounts: (a) P75,000 as civil indemnity; (b) P75,000 as moral damages; (c) P75,000 as exemplary damages; and (d) P50,000 as temperate damages, 3 with legal interest of six percent (6%) per annum on all amounts due from the date of finality of this Resolution until full payment.
SO ORDERED. (REYES, JR., J., recused himself from the case for having concurred in the assailed Court of Appeals decision and resolution. DEL CASTILLO, J., designated as additional member per Raffle dated November 8, 2017)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See 783 Phil. 806, 851 (2016).
2.Rollo, pp. 2-13. Penned by Associate Justice Priscilla J. Baltazar-Padilla with Associate Justices Andres B. Reyes, Jr. (now a member of this Court) and Myra V. Garcia-Fernandez concurring.
3. In lieu of the actual damages in the lesser amount of P34,150.