SECOND DIVISION
[G.R. No. 218904. January 27, 2016.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSEPH NUEVO Y RIPAMONTE, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated27 January 2016 which reads as follows:
"G.R. No. 218904 (People of the Philippines v. Joseph Nuevo y Ripamonte)
The records of this case were elevated to this Court on July 20, 2015, pursuant to the Court of Appeals (CA) Resolution, dated November 24, 2014, which gave due course to the notice of appeal filed by accused-appellant Joseph Nuevo y Ripamonte (accused-appellant). 1
On August 17, 2015, the Court issued a resolution notifying the parties that they could file their respective supplemental briefs, if they so desired, within thirty (30) days from notice.
On November 4, 2015, the Office of the Solicitor General (OSG) filed its manifestation 2 stating that it would dispense with the filing of a supplemental brief considering that the issues were already fully and exhaustively discussed in its Brief filed before the CA. On December 4, 2015, accused-appellant filed a manifestation in lieu of supplemental brief, 3 praying that his appellant's brief submitted before the CA be considered as his supplemental brief.
After a perusal of the records of the case, the Court resolves to dismiss the appeal for failure of accused-appellant to sufficiently show reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.
The Court, however, finds that the award of damages by the CA should be modified. In conformity with recent jurisprudence, 4 the amount of moral damages should be increased from P50,000.00 to P75,000. Further, an award of P25,000.00 as temperate damages should be included. Finally, the damages awarded should be subject to interest at the legal rate of 6% per annum from the date of finality of judgment until fully paid.
WHEREFORE, the July 12, 2012 Decision of the Regional Trial Court, Manila City, Branch 29, in Criminal Case No. 06-242290 is MODIFIED to read as follows:
WHEREFORE, finding accused Joseph Nuevo y Ripamonte guilty beyond reasonable doubt of Murder, defined and penalized under Article 248(1) of the Revised Penal Code, the Court hereby sentences him to suffer the penalty of reclusion perpetua; to pay the heirs of the victim Mario the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages; and P25,000.00 as temperate damages. The amount of damages awarded shall have an interest of 6% per annum from the date of finality of judgment until fully paid.
SO ORDERED. DETACa
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Rollo, p. 1.
2. Id. at 32-35.
3. Id. at 36-37.
4. People v. Villariez, G.R. No. 211160, September 2, 2015.