FIRST DIVISION
[G.R. No. 231873. November 20, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.BOB MIRANDA Y LOCSIN AND BENJAMIN MELENDEZ Y CASTILLO, accused; BOB MIRANDA Y LOCSIN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedNovember 20, 2017, which reads as follows: SDHTEC
"G.R. No. 231873 (People of the Philippines v. Bob Miranda y Locsin and Benjamin Melendez y Castillo, accused; Bob Miranda y Locsin, accused-appellant).
The records of this case were elevated to this Court pursuant to the Resolution 1 dated June 20, 2016 of the Court of Appeals (CA) which gave due course to the accused-appellant Bob Miranda y Locsin's Notice of Appeal.
On July 10, 2017, this Court issued a Resolution 2 wherein it notified both parties to file their respective supplemental briefs. In lieu, however, thereof, the Public Attorney's Office filed a Manifestation 3 wherein it stated that it will no longer file a Supplemental Brief and instead adopts the arguments propounded in its Appellant's Brief filed with the CA. Also, the Office of the Solicitor General filed its Manifestation 4 wherein it submitted that it is no longer necessary to file any supplemental brief.
After a perusal of the records of the case, this Court resolves to DISMISS the appeal for failure of accused-appellant Miranda to sufficiently show any reversible error in the assailed Decision dated April 8, 2016 5 of the CA which would warrant the exercise of this Court's appellate jurisdiction.
The Court, however, modifies the award of damages to be paid by accused-appellant pursuant to People v. Jugueta6 by increasing the following: (i.) Moral Damages from P50,000 to P75,000 and (ii.) Temperate Damages from P25,000 to P50,000. The Court, likewise, imposes Exemplary Damages in the amount of P75,000.
Also, in view of current jurisprudence, the Court imposes on all the monetary awards for damages, interest at the legal rate of 6% per annum from the date of finality of this resolution until fully paid. 7
WHEREFORE, the appeal is DISMISSED. The Court of Appeals Decision dated April 8, 2016 in CA-G.R. CR HC No. 07053 is AFFIRMED with the following MODIFICATIONS:
1. Accused-appellant is hereby ordered to pay the heirs of the victim Andrebone Hingabay an increased amount of Moral Damages from P50,000 to P75,000 and Temperate damages from P25,000 to P50,000.
2. Accused-appellant is also ordered to pay Exemplary Damages in the amount of P75,000.
3. Also, accused-appellant Bob Miranda y Locsin is ordered to pay, in addition to all monetary awards for damages, an interest at the legal rate of 6% per annum from date of finality of this resolution until fully paid.
The letter dated September 26, 2017 of P/Supt. I Roberto R. Rabo, Superintendent, New Bilibid Prison, Muntinlupa City, informing the Court that accused-appellant Bob Miranda y Locsin was received for confinement in the Institution on September 14, 2014, is NOTED.
SO ORDERED."
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. CA Rollo, p. 91.
2.Rollo, p. 19-20.
3.Id. at 27-29.
4.Id. at 22-23.
5.Id. at 2-13; penned by Associate Justice Henri Jean-Paul B. Inting and concurred in by Associate Justices Marlene B. Gonzales-Sison and Maria Elisa Sempio Diy.
6. G.R. No. 202124, April 5, 2016, 788 SCRA 331.
7.People v. Veloso, 703 Phil. 541 (2013).