SECOND DIVISION
[G.R. No. 225963. January 25, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GREGORIO LAZARO Y RIVERA AND MARIANO DOMINGO Y DELA CRUZ, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 25 January 2017 which reads as follows:
"G.R. No. 225963 — (People of the Philippines v. Gregorio Lazaro y Rivera and Mariano Domingo y dela Cruz)
The records of this case were elevated to this Court on August 15, 2016, pursuant to the Court of Appeals (CA) Resolution, dated October 16, 2013, which gave due course to the notice of appeal filed by Gregorio Lazaro y Rivera and Mariano Domingo dela Cruz (accused-appellants).
In a Resolution, 1 dated September 14, 2016, the Court notified the parties that they could file their respective supplemental briefs, if they so desired, within thirty (30) days from notice.
In their Manifestation (in Lieu of Supplemental Brief), 2 dated November 16, 2016, accused-appellants manifested that they would no longer file a supplemental brief considering that no new issues were raised. In its Manifestation (in lieu of Supplemental Brief), 3 dated November 10, 2016, the Office of the Solicitor General stated that the issues raised by accused-appellants had been fully addressed by its brief before the CA and prayed that it be excused from filing a supplemental brief.
After a perusal of the records of the case, the Court rules that accused-appellants failed to sufficiently show any reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.
The Court, however, finds that the award of damages should be modified to conform with recent jurisprudence. 4 The civil indemnity and moral damages should be increased to P100,000.00 each. In addition, the exemplary damages in the amount of P100,000.00 should be awarded. Further, the award of damages shall be subject to interest at six percent (6%) per annum from the finality of judgment until fully paid.
WHEREFORE, the April 29, 2004 Decision of the Regional Trial Court, Branch 76, Quezon City in Criminal Case No. Q-02-112444, is AFFIRMED with MODIFICATION. The Court finds accused-appellants Gregorio Lazaro y Rivera and Mariano Domingo dela Cruz GUILTY of Kidnapping with Homicide, defined and penalized under Article 267 of the Revised Penal Code, and hereby sentences them to suffer the penalty of reclusion perpetua, without the eligibility of parole and to pay the heirs of Jonnel Mendiola P326,781.00 as actual damages, P100,000.00 as civil indemnity, P100,000.00 as moral damages and P100,000.00 as exemplary damages. The award of damages shall be subject to an interest at the rate of of six percent (6%) per annum from the finality of judgment until fully paid.
SO ORDERED." HCaDIS
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 24-25.
2.Id. at 31-33.
3.Id. at 26-27.
4.People v. Jugueta, G.R. No. 202124, April 5, 2016.