SECOND DIVISION
[G.R. No. 227399. September 6, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-apelle,vs. SILVESTRE ILAGAN Y LAYOSA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 06 September 2017 which reads as follows:
"G.R. No. 227399 (People of the Philippines vs. Silvestre Ilagan y Layosa). — Assailed in this appeal is the Decision 1 dated October 16, 2015 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 06159, which affirmed with modification the Decision 2 dated September 13, 2012 of the Regional Trial Court of Pasig City, Branch 261, in Criminal Case Nos. 134769-H and 134770-H, which convicted accused-appellant Silvestre Ilagan y Layosa of two (2) counts of Parricide and sentenced him to suffer the penalty of imprisonment of reclusion perpetua for each count.
After a judicious review of the allegations, issues and arguments presented by the parties, the Court resolves to DISMISS the appeal for failure to sufficiently show and prove that the CA committed an error which warrants the reversal of its assailed decision.
The Court, however, finds it proper to modify the monetary awards in order to conform to the prevailing jurisprudence of People v. Jugueta, 3 which awards civil indemnity, moral damages and exemplary damages in the amount of P75,000.00 each in cases of Parricide where the penalty imposed is reclusion perpetua, which shall further be subjected to six percent (6%) interest per annum from the date of finality of this Resolution until fully paid.
WHEREFORE, the appeal is DISMISSED. The Decision dated October 16, 2015 of the Court of Appeals in CA-G.R. CR-HC No. 06159 is hereby AFFIRMEDwith MODIFICATION in that accused-appellant Silvestre Ilagan y Layosa is ORDERED to pay the heirs of the victims the amount of P75,000.00 as civil indemnity, P75,000.00 as moral damages and P75,000.00 as exemplary damages for each count of Parricide, which shall all be subjected to an interest of six percent (6%) per annum from the date of finality of this Resolution until fully paid."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Penned by Associate Justice Ramon A. Cruz, with Associate Justices Marlene Gonzales-Sison and Melchor Quirino C. Sadang, concurring; CA rollo, pp. 101-113.
2. Rendered by Presiding Judge Florian Gregory D. Abalajon; id. at 11-15.
3. G.R. No. 202124, April 5, 2016, 788 SCRA 331.