THIRD DIVISION
[G.R. No. 205309. February 5, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALFREDO ESTRELLA Y QUITON AND NOLI ESTRELLA Y QUITON, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 5, 2014, which reads as follows:
"G.R. No. 205309 (People of the Philippines v. Alfredo Estrella y Quiton and Noli Estrella y Quiton). — the Court NOTES the letter dated October 25, 2013 of P/Supt. IV Venancio Tesoro, New Bilibid Prison, Bureau of Customs, Muntinlupa City, confirming the confinement therein of accuses-appellant Noli Estrella y Quiton since March 23, 2004.
Considering the allegations, issues and arguments presented, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed Decision dated January 19, 2012 as to warrant the exercise of the Court's appellate jurisdiction.
In line with prevailing jurisprudence, 1 however, the moral damages awarded by the appellate court to the heirs of each of the victims must be increased to PhP75,000, and the exemplary damages increased to PhP30,000. The January 19, 2012, therefore, needs modification. EHIcaT
IN VIEW OF THE FOREGOING, the Court AFFIRMS with MODIFICATION the CA Decision dated January 19, 2012 in CA-G.R. CR-H.C. No. 02523. Accused-appellant Alfredo Estrella and Noli Estrella are found guilty beyond reasonable doubt of robbery with homicide and sentenced to suffer the penalty of reclusion perpetua without the benefit of the amount of PhP100,000 that was taken from the victims of the robbery, they are also joint and solidarily liable to pay for the actual damages in the amount PhP142,000 for the funeral expenses of deceased spouses Edwin and Vivian Keh, PhP75,000 for the funeral expenses of victims Mary Ann Quinan and Bernardo Pastrana, PhP75,000 for the heirs of each of their victims as civil indemnity, PhP75,000 for the heirs of each of their victims as moral damages, and PhP30,000 for the heirs of each of their victims as exemplary damages, with interest of six percent (6%) per annum on the total amount of damages awarded from finality of this Resolution until fully paid; and to pay the cost. (Peralta, J., recused himself from the case as his spouse acted on the case in the Court of Appeals. Sereno, C.J., designated Member per Raffle dated February 3, 2014).
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. People v. Combate, G.R. No. 205309, December 15, 2010, 638 SCRA 797.