SECOND DIVISION
[G.R. No. 218397. December 7, 2015.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NOEL HERNAL A.K.A GARRY DELOS REYES, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 07 December 2015 which reads as follows:
"G.R. No. 218397 — (People of the Philippines v. Noel Hernal a.k.a Garry delos Reyes).
The records of this case were elevated to this Court on June 19, 2015, pursuant to the Court of Appeals (CA) Resolution, dated July 10, 2014, which gave due course to the notice of appeal filed by Noel Hernal a.k.a Garry delos Reyes (accused-appellant).
On July 27, 2015, the Court issued a resolution 1 notifying the parties that they could file their respective supplemental briefs, if they so desired, within thirty (30) days from notice.
On September 24, 2015, the Office of the Solicitor General (OSG) filed its manifestation in lieu of supplemental brief 2 stating that it would no longer file a supplemental brief because the issues had been fully addressed in its Appellee's Brief. On October 21, 2015, accused-appellant filed a manifestation in lieu of supplemental brief 3 stating that he would no longer file a supplemental brief as all the relevant issues had been discussed exhaustively in his Appellant's Brief.
After a perusal of the records of the case, the Court holds that accused-appellant failed to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction.
The Court, however, finds that the award of damages by the CA should be modified. In conformity with recent jurisprudence, 4 the amount of civil indemnity should be increased from P50,000.00 to P75,000.00; moral damages, exemplary damages and temperate damages in the amount of P75,000.00, P30,000.00 and P25,000.00 respectively should be awarded; and the award of damages should be subject to interest at the rate of 6% percent per annum from the time of finality of judgment until fully paid.
WHEREFORE, the May 30, 2011 Joint Decision of the Regional Trial Court, Masbate City, Branch 45, in Criminal Case No. 13694 and Criminal Case No. 13695 is MODIFIED as follows:
WHEREFORE, the Court finds accused-appellant Noel Hernal a.k.a Garry delos Reyes, guilty beyond reasonable doubt of two (2) counts of Murder as defined and penalized under Article 248(1) of the Revised Penal Code, and sentences him, for each count, 1) to suffer the penalty of reclusion perpetua; and 2) to pay the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P30,000.00 as exemplary damages, and P25,000.00 as temperate damages, in lieu of actual damages to the heirs of Antonio de Jesus and pay the same amounts of damages to the heirs of Nestor Areñavo. The amount of damages awarded shall have an interest of 6% per annum from the date of finality of judgment until fully paid.
The black Honda XRM motorcycle, without plate number, and the calibre .45 Colt pistol, with serial no. 022271, are confiscated in favor of the government. (Brion, J., on official leave; Perez, J., designated Acting Member, per Special Order No. 2301 dated December 1, 2015)
SO ORDERED." AScHCD
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 19-20.
2. Id. at 21-25.
3. Id. at 27-31.
4. People v. Villariez, G.R. No. 211160, September 2, 2015.