FIRST DIVISION
[G.R. No. 237811. January 10, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. JUAN OLIVA y DAMOT, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 10, 2019which reads as follows:
"G.R. No. 237811 (People of the Philippines v. Juan Oliva y Damot). — After review, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in upholding the conviction of accused-appellant for murder.
However, we delete the award of actual damages in the amount of P26,550.00. Instead, we award P50,000.00 as temperate damages. The settled rule is that when actual damages proven by receipts during the trial amount to less than the sum allowed by the Court as temperate damages, the award of temperate damages is justified in lieu of actual damages which are of a lesser amount. Conversely, if the amount of actual damages proven exceeds, then temperate damages may no longer be awarded; actual damages based on the receipts presented during trial should instead be granted. The rationale for this rule is that it would be anomalous and unfair for the victim's heirs, who tried and succeeded in presenting receipts and other evidence to prove actual damages, to receive an amount which is less than that given as temperate damages to those who are not able to present any evidence at all. Here, as prevailing jurisprudence now fixes the amount of P50,000.00 as temperate damages, 1 we award temperate damages in lieu of actual damages.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision of the Court of Appeals in CA-G.R. CR-HC No. 08028 dated January 31, 2017 and AFFIRMS with MODIFICATION said Decision finding accused-appellant GUILTY beyond reasonable doubt of murder in Criminal Case No. IR-8759.
Accused-appellant is sentenced to suffer the penalty of reclusion perpetua, and is ordered to pay the victim's heirs the following amounts: (1) P75,000.00 each as civil indemnity, moral damages and exemplary damages; (2) P200,000.00 as temperate damages in lieu of loss of earning capacity; and (3) the award of actual damages is DELETED and in lieu thereof, temperate damages in the amount of P50,000.00 is awarded to the victim's heirs. All damages awarded shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.People v. Racal, G.R. No. 224886, September 4, 2017, 838 SCRA 476, 498.