THIRD DIVISION
[G.R. No. 226189. June 10, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.FERNANDO SOMIDO y FUENTES, ROGELIO BITBIT y BADE, RIC PARCIA y FERRER, ROBERTO FERRER y DE ASIS, RAYMUND FRUTO y TROCIO, EMMA BITBIT y SOMIDO, PHILIP PEGARIDO @ "PHILIP," VILMOR CATAMCO @ "JONG," JOEL BUNALES @ "VIC," VIRGILIO CORPUZ @ "LUPIN," ET AL., accused, RIC PARCIA y FERRER, ROBERTO FERRER y DE ASIS, RAYMUND FRUTO y TROCIO, AND FELICITO BELONIO BRAGA @ "CALOY", accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 10, 2019, which reads as follows:
"G.R. No. 226189 (People of the Philippines vs. Fernando Somido y Fuentes, Rogelio Bitbit y Bade, Ric Parcia y Ferrer, Roberto Ferrer y De Asis, Raymund Fruto y Trocio, Emma Bitbit y Somido, Philip Pegarido @ "Philip," Vilmor Catamco @ "Jong," Joel Bunales @ "Vic," Virgilio Corpuz @ "Lupin," et al., accused; Ric Parcia y Ferrer, Roberto Ferrer y De Asis, Raymund Fruto y Trocio, and Felicito Belonio Braga @ "Caloy," accused-appellants). — This is an appeal 1 under Section 13 (c), Rule 124 of the Rules of Court, as amended, seeking to annul and set aside the Decision 2 dated March 31, 2015 issued by the Court of Appeals (CA) in CA-G.R. CR HC No. 04804.
After a perusal of the records of this case, the Court resolves to DISMISS the appeal for failure to sufficiently show any reversible error in the herein assailed CA decision as to warrant the exercise of the Court's discretionary appellate jurisdiction. HTcADC
However, the amount of damages for which the accused-appellants are liable must be modified in light of established facts and recent jurisprudence.
WHEREFORE, the Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated March 31, 2015 issued by the Court of Appeals in CA-G.R. CR HC No. 04804, convicting the accused-appellants of Kidnapping for Ransom, as defined and penalized under Article 267 of the Revised Penal Code, as amended by Republic Act No. 7659.
However, the penalty so adjudged in the Decision dated March 31, 2015 is AFFIRMED with MODIFICATION in that the accused-appellants are hereby adjudged to suffer the penalty of reclusion perpetua without eligibility for parole and are ORDERED to PAY the private complainant, Mae Ling Ang, jointly and solidarily, the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, in accordance with People v. Jugueta, 3 with the accused-appellants paying an interest of six percent (6%) per annum on all damages awarded from the date of the finality of this Resolution until fully paid. CAIHTE
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 15-17.
2. Penned by Associate Justice Leoncia Real-Dimagiba, with Associate Justices Ramon R. Garcia and Melchor Q.C. Sadang, concurring; id. at 2-14.
3. 783 Phil. 806 (2016).