SECOND DIVISION
[G.R. No. 244377. November 27, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. MIKE ARTHUR FLORES y ARCENAS, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Special Second Division, issued a Resolution dated27 November 2019which reads as follows:
"G.R. No. 244377 (People of the Philippines vs. Mike Arthur Flores y Arcenas). — This is an appeal 1 under Section 13 (c), Rule 124 of the Rules of Court, as amended, seeking to annul and set aside the Decision 2 dated August 17, 2018 issued by the Court of Appeals (CA) in CA-G.R. C.R.-HC No. 09299.
After a perusal of the records of this case, the Court resolves to DISMISS the appeal for failure to sufficiently show any reversible error in the herein assailed CA decision to warrant the exercise of the Court's discretionary appellate jurisdiction.
However, in light of prevailing rules and jurisprudence, the Court modifies the penalty and the amount of damages therein imposed. HTcADC
WHEREFORE, the Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated August 17, 2018 issued by the Court of Appeals in CA-G.R. C.R.-HC No. 09299, insofar as it found accused-appellant Mike Arthur Flores y Arcenas guilty beyond reasonable doubt of the crime of Murder as defined and penalized under Article 248 of the Revised Penal Code; SUBJECT TO THE MODIFICATION in that the accused-appellant shall suffer the penalty of reclusion perpetua and pay the heirs of the victim, Michael Fabalena y Acuyan, the amount 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. All of which shall earn interest at the rate of six percent (6%) per annum from the date of the finality of this Resolution until fully paid.
SO ORDERED." (Zalameda, J., designated additional Member per Special Order No. 2727 dated October 25, 2019.)
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 15-16.
2. Penned by Associate Justice Zenaida T. Galapate-Laguilles, with Associate Justices Stephen C. Cruz and Gabriel T. Robeniol, concurring; CA rollo, pp. 80-90.