SECOND DIVISION
[G.R. No. 233877. December 4, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ROMMEL C. LIRAZAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated04 December 2019which reads as follows:
"G.R. No. 233877 (People of the Philippines v. Rommel C. Lirazan). — Considering the allegations, issues, and arguments presented in the Accused-Appellant's and Appellee's Briefs, 1 which the parties adopted instead of filing their respective Supplemental Briefs, the Court resolves to DISMISS the appeal for failure to sufficiently show that the. Court of Appeals (CA) in its Decision 2 dated September 6, 2016 committed any reversible error in upholding the conviction of Rommel C. Lirazan (appellant) for the crime of murder.
A careful review of the records shows that Delfin Mangubat (Delfin) never wavered in his positive identification of appellant as the person who shot and killed the victim. Delfin's lone testimony, which was found to be positive and credible by the trial court and the CA, suffices to establish appellant's guilt beyond reasonable doubt of the crime charged. 3 After all, it is settled that "the testimony of a single witness, if straightforward and categorical, is sufficient to convict." 4
There is likewise no question that the victim's killing had been committed by means of a motor vehicle, which, in turn, qualified the crime to murder under Article 248 of the Revised Penal Code. As the CA aptly pointed out, appellant's use of a motorcycle allowed him to follow the victim, who was driving his Toyota car at the time, and shoot the latter at close range. 5
However, the award of damages should be modified in accordance with prevailing jurisprudence. In People v. Jugueta, 6 the Court ruled that civil indemnity, moral damages, and exemplary damages should be awarded at P75,000.00 each in cases involving murder wherein the penalty imposed is reclusion perpetua, as in this case. 7 As such, the Court deems it proper to increase the amount of exemplary damages from P50,000.00 to P75,000.00.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals in its Decision dated September 6, 2016 in CA-G.R. CR HC No. 06342, and AFFIRMS said Decision finding appellant Rommel C. Lirazan guilty beyond reasonable doubt of the crime of murder under Article 248 of the Revised Penal Code, as amended, sentencing him to suffer the penalty of reclusion perpetua, and ordering him to pay the heirs of the victim the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P120,000.00 as actual damages, with MODIFICATION in that, the award of exemplary damages is increased to P75,000.00. In addition, interest shall be imposed on all monetary awards at the rate of 6% per annum from the finality of this Resolution until fully paid.
SO ORDERED." (Bernabe, J., on official business; Reyes, A., Jr., J., designated as Acting Chairperson per Special Order No. 2750 dated November 27, 2019; Zalameda, J., designated additional member per Special Order No. 2724 dated October 25, 2019; on official leave).
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. CA rollo, pp. 56-68 and 96-112, respectively.
2.Rollo, pp. 2-12; penned by Associate Justice Nina G. Antonio-Valenzuela with Associate Justices Fernanda Lampas Peralta and Jane Aurora C. Lantion, concurring.
3.People v. Callao, G.R. No. 228945, March 14, 2018.
4.Id.
5.Rollo, p. 10.
6. 783 Phil. 806 (2016).
7.Id. at 847-848.