THIRD DIVISION
[G.R. No. 228257. September 4, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner, vs.PO1 RUSTICO GABUCO, JR. y MERCADO @ "JR", respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedSeptember 4, 2019, which reads as follows:
"G.R. No. 228257 (People of the Philippines vs. PO1 Rustico Gabuco, Jr. y Mercado @ "JR"). — This is an appeal 1 pursuant to Section 3 (c), Rule 122 of the Rules of Court, as amended, seeking to annul and set aside the Decision 2 dated May 19, 2016 issued by the Court of Appeals (CA) in CA-G.R. CR HC No. 07222.
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 as to warrant the exercise of the Court's discretionary appellate jurisdiction.
WHEREFORE, the Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated May 19, 2016 issued by the Court of Appeals in CA-G.R. CR HC No. 07222, finding respondent PO1 Rustico Gabuco, Jr. y Mercado @ "JR" guilty of Murder as defined and penalized under Article 248 of the Revised Penal Code, and ordering him to suffer the penalty of reclusion perpetua.
The Court, however, MODIFIES the amount of damages in accordance with People v. Jugueta. 3 Respondent PO1 Rustico Gabuco, Jr. y Mercado @ "JR" is hereby adjudged to pay the heirs of the victim, Jun King Medrano y Dunga, the amount of P64,853.00 as actual damages, P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. All of which shall earn interest at the rate of six percent (6) per annum from the date of finality of this Resolution until fully paid.
SO ORDERED." (Hernando, J., on wellness leave.)
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 19-20.
2. Penned by Associate Justice Apolinario D. Bruselas, Jr., with Associate Justices Danton Q. Bueser and Renato C. Francisco concurring; id. at 2-18.
3. 783 Phil. 806 (2016).