FIRST DIVISION
[G.R. No. 200332. August 28, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ANDIOLINO NEPOMUCENO y TOLING ALIAS "ADOBO", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 28, 2019which reads as follows:
"G.R. No. 200332 (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANDIOLINO NEPOMUCENO y TOLING alias "ADOBO," Accused-Appellant.) — After a judicious review of the records, the Court DISMISSES the appeal for failure of the accused-appellant to prove that the Court of Appeals (CA) committed reversible error in affirming his conviction for the crime of Murder qualified by treachery under Article 248 of the Revised Penal Code.
The Court accords deference to the trial court's appreciation of the testimonies given by the prosecution's witnesses when the same has been upheld by the CA. 1 Besides, inconsistencies in the testimonies of witnesses, when referring only to minor details, do not impair the credibility of witnesses. 2
With regard to the CA's pronouncements as to the presence of the qualifying circumstance of treachery and the absence of the exempting circumstance of accident, these involve the proper appreciation of evidence, and would thus be accorded respect absent any justifiable reason to deviate from the said factual findings. 3
However, We need to modify the amount of damages awarded to the heirs to conform with prevailing jurisprudence. 4 Accordingly, the amounts for civil indemnity and moral damages shall be fixed at P100,000.00 each, and in addition, the accused-appellant shall be liable to pay for exemplary damages in the amount of P100,000.00. Further, all monetary damages awarded to the heirs will earn interest at the rate of six percent (6%) per annum from finality of the resolution until fully paid.
WHEREFORE, the Court DISMISSES the appeal; AFFIRMS with MODIFICATION the May 12, 2011 decision of the Court of Appeals in that the accused-appellant shall PAY the following amounts: P15,000.00 as temperate damages, P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. All these amounts will earn interest at the rate of six percent (6%) per annum from finality of this resolution until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. See People v. Abat, G.R. No. 202704, April 2, 2014, 720 SCRA 557, 564.
2.People v. Solmoro, G.R. Nos. 139187-94, November 27, 2002, 393 SCRA 100, 108.
3.Delgado v. People, G.R. No. 161178, February 5, 2010, 611 SCRA 649, 655-656.
4. See People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331, 380.