SECOND DIVISION
[G.R. No. 232360. June 6, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ALEXIS MARCELO y RIVERA AND JOJO SANCHEZ y MARCELO, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated06 June 2018which reads as follows: AHDacC
"G.R. No. 232360 (People of the Philippines vs. Alexis Marcelo y Rivera and Jojo Sanchez y Marcelo). — This is an appeal 1 under Section 13 (c), Rule 124 of the Rules of Court, as amended, seeking to annul and set aside the Decision 2 dated December 16, 2016 issued by the Court of Appeals (CA) in CA-G.R. CR-HC No. 07646.
After a perusal of the records of this case, the Court resolves to DISMISS the appeal for failure to sufficiently show any reversible error in the herein assailed CA decision to warrant the exercise of the Court's appellate jurisdiction.
However, the amount of damages for which accused-appellants Alexis Marcelo y Rivera and Jojo Sanchez y Marcelo are liable must be modified in light of established facts and recent jurisprudence.
WHEREFORE, the Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated December 16, 2016 issued by the Court of Appeals in CA-G.R. CR-HC No. 07646 finding accused-appellants Alexis Marcelo y Rivera and Jojo Sanchez y Marcelo guilty beyond reasonable doubt of the crime of Robbery with Homicide; SUBJECT TO THE MODIFICATION in that the accused-appellants are solidarily liable to pay the amounts of Php35,000.00 as actual damages, Php75,000.00 as civil indemnity, Php75,000.00 as moral damages, and Php75,000.00 as exemplary damages, all of which shall earn interest at the rate of six percent (6%) per annum from the finality of this Resolution until fully paid. IDSEAH
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. CA rollo, pp. 176-178.
2. Penned by Associate Justice Ma. Luisa C. Quijano-Padilla, with Associate Justices Normandie B. Pizarro and Samuel H. Gaerlan, concurring; id. at 141-160.