THIRD DIVISION
[G.R. No. 208070. July 8, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RODEL OLORBIDA y ALIBO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated July 8, 2020, which reads as follows:
"G.R. No. 208070 — (PEOPLE OF THE PHILIPPINES, plaintiff-appellee, v. RODEL OLORBIDA y ALIBO, accused-appellant). — On July 29, 2013, the Court of Appeals (CA), Cagayan de Oro City, elevated to this Court the records of this case, 1 pursuant to its Resolution 2 dated April 4, 2013. The Resolution gave due course to the notice of appeal 3 dated March 7, 2013 filed by Rodel Olorbida y Alibo (accused-appellant).
In the Resolution 4 dated August 28, 2013, this Court noted the records of the case forwarded by the CA. The parties were then ordered to file their respective supplemental briefs, should they so desire, within 30 days from notice. 5
On December 20, 2013, the Office of the Solicitor General filed a Manifestation and Motion 6 of even date on behalf of the People of the Philippines stating that it would no longer file a supplemental brief and praying that in lieu thereof, the brief for the appellee dated December 12, 2008 filed with the CA be considered.
On February 4, 2014, the Public Attorney's Office on behalf of accused-appellant filed its Supplemental Brief dated January 16, 2014.
After evaluating the records of this case, this Court resolves to dismiss the appeal as accused-appellant failed to show any reversible error in the assailed CA Decision 8 dated February 20, 2013 which would warrant the exercise of this Court's appellate jurisdiction. However, this Court modifies the award of damages in accordance with People v. Jugueta, 9 wherein We clarified that for special complex crimes, if the penalty is death but it cannot be imposed due to Republic Act No. 9346 10 and what is actually imposed is the penalty of reclusion perpetua, the civil indemnity and moral damages will be P100,000.00 each, and another P100,000.00 as exemplary damages in view of the heinousness of the crime and to set an example. 11 Moreover, if on the occasion of a robbery with homicide, a victim suffered mortal wounds and could have died if not for a timely medical intervention, the victim should be awarded civil indemnity, moral damages, and exemplary damages equivalent to P75,000.00 each. 12 Accordingly, We modify the award of civil indemnity, in addition to the proven actual damages, 13 moral damages, and exemplary damages to P100,000.00, each for the heirs of Aurelia de las Alas. Moreover, We modify the award to the heirs of Marcelo de las Alas, Sr. and Maylinda Erong, separately for civil indemnity, moral damages, and exemplary damages to P75,000.00 each.
WHEREFORE, the findings of fact and conclusions of law of the Court of Appeals are ADOPTED. The assailed decision of the Court of Appeals is AFFIRMED with MODIFICATION. Accused-appellant RODEL OLORBIDA y ALIBO is hereby found GUILTY beyond reasonable doubt of the crime of Robbery with Homicide, pursuant to Article 294 in relation to Articles 249 and 250 of the Revised Penal Code. He is sentenced to suffer the penalty of reclusion perpetua.
Moreover, accused-appellant is ORDERED to PAY the heirs of Aurelia de las Alas the amounts of P272,436.15 as actual damages representing medical, burial, and litigation expenses, P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. Accused-appellant is likewise ORDERED to PAY the heirs of Marcelo de las Alas, Sr. and Maylinda Erong the following amounts for each of the two victims, P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.
In line with current jurisprudence, interest at the rate of 6% per annum should be imposed on all damages awarded from the date of the finality of this judgment until fully paid. 14
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 18.
3.Id. at 15-17.
4.Id. at 20.
5.Id.
6.Id. at 23-26.
7.Id. at 33-39.
8.Id. at 3-14; penned by Associate Justice Henri Jean Paul Inting (now a Member of this Court) with Associate Justices Edgardo T. Lloren and Jhosep Y. Lopez, concurring.
9. 783 Phil. 806 (2016).
10. Anti-Death Penalty Law.
11.People v. Jugueta, supra at 847.
12.Id. at 851.
13.Rollo, pp. 12-13.
14.Nacar v. Gallery Frames, 716 Phil. 267 (2013).