People v. Ivler y Aguilar
This is a criminal case, People of the Philippines v. Jason Ivler y Aguilar, where the accused-appellant was found guilty of murder. The Supreme Court of the Philippines dismissed the appeal for failure to show any reversible error in the decision of the Court of Appeals. However, the Court modified the award of damages in favor of the heirs of the victim, Renato A. Ebarle, Jr., based on prevailing jurisprudence. The accused-appellant was sentenced to reclusion perpetua and was ordered to pay the heirs of the victim civil indemnity, moral damages, exemplary damages, actual damages, compensation for loss of earning capacity, and the cost of suit, with all monetary awards earning interest at the legal rate of six percent (6%) per annum from the date of finality of the resolution until full payment.
ADVERTISEMENT
SECOND DIVISION
[G.R. No. 241783. November 11, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JASON IVLER y AGUILAR, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated11 November 2019which reads as follows:
"G.R. No. 241783 (People of the Philippines v. Jason Ivler y Aguilar)
After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. However, in light of prevailing jurisprudence, particularly People v. Jugueta, 2 the Court deems it proper to adjust the award of damages in favor of the heirs of Renato A. Ebarle, Jr. (Ebarle). HTcADC
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the November 28, 2017 Decision 3 of the CA in CA-G.R. CR-HC No. 08092 and AFFIRMS with MODIFICATION said Decision finding accused-appellant Jason Ivler y Aguilar GUILTY beyond reasonable doubt of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua and to pay the heirs of Ebarle the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; (c) P75,000.00 as exemplary damages; (d) P616,590.00 as actual damages; 4(e) P9,124,206.00 as compensation for loss of earning capacity; 5 and (f) the cost of suit. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED. (INTING, J., on official leave. ZALAMEDA, J., designated as Additional Member per Special Order No. 2727 dated October 25, 2019.)"
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated July 24, 2018; rollo, pp. 34-36.
2. 783 Phil. 806, 848 (2016).
3.Rollo, pp. 2-33. Penned by Associate Justice Ramon A. Cruz with Associate Justices Ricardo R. Rosario and Pablito A. Perez, concurring.
4. The burial expenses were supported by receipts; see id. at 27-28.
5. Based from the formula laid down in the case of People v. Wahiman, G.R. No. 200942, June 16, 2015 (760 Phil. 368, 377 [2015]) the computation of the loss of earning capacity should be as follows:
|
Net Earning Capacity |
= |
life expectancy x [gross annual income – living expenses] |
|
|
= |
2/3 [80 – age at time of death] x [gross annual income – 50% of gross annual income] |
In the present case, it is settled that Ebarle was only 27 years old at the time of his death and was earning P43,448.40 a month. (See Records, p. 1378).
Thus, 2/3 [80-27] x [43,448.40 x 12 – 50%] = P9,210,191.83.
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