FIRST DIVISION
[G.R. No. 224582. August 7, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. FERNANDO RAMIL AND ABDULLAH ABUCAY, accused,
FERNANDO RAMIL, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 7, 2019which reads as follows:
"G.R. No. 224582 (People of the Philippines v. Fernando Ramil and Abdullah Abucay, accused; Fernando Ramil, accused-appellant)
After review of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed December 4, 2015 Decision as to warrant the exercise of the Court's appellate jurisdiction.
The prosecution was successful in proving the fact that appellant Fernando Ramil committed the crime of Murder, as ineluctably established by the testimony of an eyewitness, which convinced not only the trial court but also the CA. There being no reason for the Court to reverse the findings of both the Regional Trial Court and CA, their rulings should be upheld. Treachery was also definitively shown. There is treachery when the victim is unexpectedly shot from behind, at close range, and without any opportunity to defend himself.
While the Court agrees with the guilty verdict, modifications have to be made on the penalty imposed. There being no aggravating circumstance, the penalty should be reclusion perpetua. As regards the damages, the amount of moral and exemplary damages should be increased to P75,000.00 each, in accordance with the pronouncement in People of the Philippines v. Jugueta. 1 The actual damages in the amount of P50,000.00 is maintained. Further, all damages awarded shall earn annual interest at the rate of six percent (6%) from date of finality of this judgment until fully paid.
WHEREFORE, the Decision dated December 4, 2015 of the Court of Appeals in CA-G.R. CR-HC No. 01050-MIN is AFFIRMED with MODIFICATION. Fernando Ramil is found GUILTY beyond reasonable doubt of the crime of Murder and is hereby sentenced to suffer the penalty of reclusion perpetua and to pay the heirs of PO2 Ricardo M. Chapa the amounts of P75,000.00 as civil indemnity, P50,000.00 as actual damages, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. All monetary awards for damages shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution.
SO ORDERED."Reyes, Jr., A. B., J., additional member vice Jardeleza, J.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. 783 Phil. 806, 848 (2016).