SECOND DIVISION
[G.R. No. 228786. August 2, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ROLAND ESPEJO Y BALMACEDA AND CERILO NEPOMUCENO, accused, ROLAND ESPEJO Y BALMACEDA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated2 August 2017which reads as follows: aScITE
"G.R. No. 228786 (People of the Philippines v. Roland Espejo y Balmaceda and Cerilo Nepomuceno, accused; Roland Espejo y Balmaceda, accused-appellant)
The records of this case were elevated to this Court on January 13, 2017, pursuant to the Court of Appeals (CA) Resolution, 1 dated July 28, 2016, in CA-G.R. CR-HC No. 06701, which gave due course to the notice of appeal filed by Roland Espejo y Balmaceda (accused-appellant).
In a Resolution, 2 dated February 22, 2017, the Court notified the parties that they could file their respective supplemental briefs, if they so desired, within thirty (30) days from notice.
In his Manifestation (in Lieu of Supplemental Brief), 3 dated April 26, 2017, accused-appellant manifested that he was adopting his appellant's brief filed before the CA so as to avoid repetition of the issues and arguments already discussed. In its Manifestation (To be Excused from Filing Supplemental Brief), 4 dated April 5, 2017, the Office of the Solicitor General stated that the issues raised by accused-appellant had been fully addressed by its brief for plaintiff-appellee before the CA and prayed that it be excused from filing a supplemental brief in the instant case.
After a perusal of the records of the case, the Court rules that accused-appellant failed to sufficiently show any reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.
The Court, however, finds that the award of damages must be modified to conform with recent jurisprudence. 5 As murder was committed with an imposable penalty of reclusion perpetua, then the award should be: P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P75,000.00 as exemplary damages. In addition, all the damages awarded shall earn legal interest at the rate of 6% per annum from date of finality of the judgment until fully paid.
WHEREFORE, the January 29, 2014 Decision of the Regional Trial Court, Branch 4, Mariveles, Bataan, in Criminal Case No. ML-1570, is AFFIRMED with MODIFICATIONS. The Court finds accused-appellant Roland Espejo y Balmaceda guilty beyond reasonable doubt of MURDER and hereby sentences him to suffer the penalty of reclusion perpetua; to pay the heirs of Romeo Siervo the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. The amount of damages awarded shall have an interest of six percent (6%) per annum from the date of finality of judgment until fully paid. HEITAD
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. CA rollo, p. 188.
2.Rollo, pp. 23-24.
3.Id. at 31-33.
4.Id. at 25-27.
5.People v. Jugueta, G.R. No. 202124, April 5, 2016.