FIRST DIVISION
[G.R. No. 223534. * May 14, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. EPIFANIO ESTRABELA y PACULANAG alias "PANYONG ESTRABELA", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated May 14, 2021which reads as follows:
"G.R. No. 223534 (People of the Philippines v. Epifanio Estrabela y Paculanag alias "Panyong Estrabela'').
After review of the records, this Court resolves to DISMISS the appeal for failure of Epifanio Estrabela y Paculanag alias "Panyong Estrabela" (appellant) to sufficiently show that the Court of Appeals (CA) committed any reversible error in its August 28, 2015 Decision 1 as to warrant the exercise of the Court's appellate jurisdiction. HTcADC
As correctly ruled by the CA, the prosecution witnesses positively identified appellant as the perpetrator of the crime. They personally witnessed appellant shooting the victim on different parts of his body causing his death. Moreover, appellant's defense of denial and alibi cannot prevail over the positive and credible testimony of the prosecution witnesses that appellant committed the crime. 2
Murder is punishable by reclusion perpetua to death. There being no ordinary aggravating circumstance, the CA correctly affirmed the penalty of reclusion perpetua, as imposed by the Regional Trial Court. However, in view of the ruling of this Court in People v. Jugueta, 3 the amounts awarded to the victim should be adjusted as follows: (1) P75,000.00 as civil indemnity; (2) P75,000.00 as moral damages; and (3) P75,000.00 as exemplary damages. Since no documentary evidence of burial or funeral expenses was presented in court, the amount of P50,000.00 as temperate damages should also be awarded.
WHEREFORE, the appeal is DISMISSED. The findings of fact and conclusions of law in the August 28, 2015 Decision of the Court of Appeals in CA-G.R. CR-HC No. 01767 is AFFIRMED. Appellant Epifanio Estrabela y Paculanag is GUILTY beyond reasonable doubt of the crime of Murder and is SENTENCED to suffer the penalty of reclusion perpetua without eligibility for parole and ORDERED to PAY the heirs of Celso Perez y Casido the sum 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 with legal interest at the rate of six percent (6%) per annum from date of finality of this Resolution until fully paid.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
* Part of the Supreme Court's Case Decongestion Program.
1.Rollo, pp. 4-16; penned by Associate Justice Marie Christine Azcarraga-Jacob with Associate Justices Gabriel T. Ingles and Marilyn L. Lagura-Yap, concurring.
2. See People v. Batalla, G.R. No. 234323, January 7, 2019.
3. 783 Phil. 806 (2016).