FIRST DIVISION
[G.R. No. 224899. April 23, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. EFREN PADAYAO DEL SOCORRO AND IAN LERON PADAYAO, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 23, 2018which reads as follows:
"G.R. No. 224899 — People of the Philippines vs. Efren Padayao del Socorro and Ian Leron Padayao
For review is the Decision 1 dated November 9, 2015 of the Court of Appeals (CA) in CA-G.R. CEB-CR-HC No. 01808, which affirmed with modification the Decision 2 dated April 24, 2014 of the Regional Trial Court (RTC) of Cebu City, Branch 11, in Criminal Case No. CBU-84611. Efren Padayao del Socorro and Ian Leron Padayao (accused-appellants) were pronounced guilty beyond reasonable doubt of the crime of Murder committed against Jessie Padayao. TIADCc
Upon careful re-examination of the records of the case, this Court resolves to DISMISS the appeal for failure of the accused-appellants to sufficiently show any reversible error in the assailed CA decision. The CA correctly appreciated the candid and unwavering testimony of the minor child Gypsy Barde over and above the version of accused-appellants. In view of the sudden and unexpected attack on the victim who was caught off-guard and who gave no apparent provocation, the accused-appellants, one of whom was armed with a bladed weapon with which the victim was repeatedly stabbed while the other was punching the victim, acted in conspiracy, with treachery and abuse of superior strength.
Nonetheless, the damages awarded by the lower courts should be further modified to conform to recent jurisprudence. Following the new jurisprudential ruling in People v. Jugueta, 3 for the crime of Murder where the penalty imposed is reclusion perpetua, We maintain the actual damages in the amount of P96,140 and the civil indemnity imposed at P75,000, and accordingly increase the amounts of moral and exemplary damages imposed to P75,000 each respectively. We also uphold the correct imposition of interest rate at six percent (6%) per annum on all the monetary awards for damages reckoned from the date of finality of this judgment until fully paid.
WHEREFORE, the appeal is DISMISSED. The Decision dated November 9, 2015 of the Court of Appeals in CA-G.R. CEB-CR-HC No. 01808 which found accused-appellants Efren Padayao del Socorro and Ian Leron Padayao GUILTY beyond reasonable doubt in Criminal Case No. CBU-84611 for the crime of Murder, is AFFIRMED with MODIFICATION such that the moral and exemplary damages to be imposed are increased to P75,000 each. All others STAND. cSEDTC
SO ORDERED." Sereno, C.J., on leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1. Penned by Associate Justice Germano Francisco D. Legaspi, concurred in by Associate Justices Pamela Ann Abella Maxino and Jhosep Y. Lopez; rollo, pp. 02-20196
2. Rendered by Judge Ramon B. Daomilis, Jr.; CA rollo, pp. 38-47.
3. 783 Phil. 806 (2016).