FIRST DIVISION
[G.R. Nos. 238124-25. July 30, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.DARIO PERATER, JR., accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 30, 2019which reads as follows:
"G.R. Nos. 238124-25 (People of the Philippines vs. Dario Perater, Jr.)
After judicious review of the records, this Court resolves to modify the Decision 1 dated January 18, 2018 of the Court of Appeals (CA) in CA-G.R. CR No. 01486-MIN and CA-G.R. CR-HC No. 01598-MIN. The CA affirmed with modifications the Decision of the Regional Trial Court (RTC) of Ipil, Zamboanga Sibugay, Branch 24.
Both the RTC and CA did not award any actual damages in favor of the heirs of the victim Hernani Omamalin. In People v. Jugueta, 2 it was held that when no documentary evidence of burial or funeral expenses is presented in court, the amount of P50,000.00 as temperate damages shall be awarded. Since, prevailing jurisprudence now fixes the amount of P50,000.00 as temperate damages in murder cases, the Court finds it proper to award temperate damages to Hernani Omamalin's heirs, in lieu of actual damages.
WHEREFORE, the appeal is DISMISSED for lack of merit. The Decision dated January 18, 2018 of the Court of Appeals in CA-G.R. CR No. 01486-MIN and CA-G.R. CR-HC No. 01598-MIN finding accused-appellant Dario Perater, Jr. guilty beyond reasonable doubt of murder and attempted murder is hereby AFFIRMED with MODIFICATION. Accused-appellant is ORDERED to pay the heirs of Hernani Omamalin Fifty Thousand Pesos (P50,000.00) as temperate damages in lieu of actual damages. The award of other damages imposed against the accused is sustained.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Penned by Associate Justice Ruben Reynaldo G. Roxas, with Associate Justices Edgardo T. Lloren and Walter S. Ong, concurring; CA rollo, pp. 86-97.
2. 783 Phil. 806 (2016).