THIRD DIVISION
[G.R. No. 223688. November 13, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. REDIOLAN LAZONA y TARLAC, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedNovember 13, 2019, which reads as follows:
"G.R. No. 223688 (People of the Philippines v. Rediolan Lazona y Tarlac). — After a perusal of the records of the case, this Court resolves to dismiss the appeal for failure of accused-appellant Rediolan Lazona y Tarlac to sufficiently show that the Court of Appeals committed reversible error in upholding his conviction for the crime of Robbery with Homicide.
However, following People v. Jugueta1 and A.M. No. 15-08-02-SC, 2 the monetary award of damages should be modified as follows: P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. 3 Lastly, interest at the rate of 6% per annum is imposed on the damages awarded reckoned from the date of finality of this judgment until fully paid. 4
WHEREFORE, premises considered, the instant appeal is DISMISSED. The Decision dated July 2, 2013 of Court of Appeals in CA-G.R. CR-HC No. 04917 is hereby AFFIRMED with MODIFICATION in that accused-appellant Rediolan Lazona y Tarlac is ORDERED to pay the following: (1) P300,000.00 representing the amount of stolen cash; (2) the increased amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages and P100,000.00 as exemplary damages; and (3) interest at the rate of six percent (6%) per annum on all damages awarded from the date of finality of this judgment until fully paid. acEHCD
SO ORDERED." (Leonen, J., on official business; Gesmundo, J., designated as Acting Chairperson of the Third Division per Special Order No. 2737; Lazaro-Javier, J., designated as Additional Member of the Third Division per Special Order No. 2728, on official leave.)
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court
Footnotes
1. 783 Phil. 806 (2016). IV. For Special Complex Crimes like Robbery with Homicide, Robbery with Rape, Robbery with Intentional Mutilation, Robbery with Arson, Rape with Homicide, Kidnapping with Murder, Carnapping with Homicide or Carnapping with Rape, Highway Robbery with Homicide, Qualified Piracy, Arson with Homicide, Hazing with Death, Rape, Sodomy or Mutilation and other crimes with death, injuries, and sexual abuse as the composite crimes, where the penalty consists of indivisible penalties:
1.1 Where the penalty imposed is Death but reduced to reclusion perpetua because of RA 9346:
a. Civil indemnity — P100,000.00
b. Moral damages — P100,000.00
c. Exemplary damages — P100,000.00
2. Guidelines for the Proper Use of the Phrase "Without Eligibility for Parole" in Indivisible Penalties.
3.People v. Jugueta, supra note 1 at 849.
4.People v. Cabungan, 702 Phil. 177, 190 (2013).