FIRST DIVISION
[G.R. No. 236588. August 5, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner,vs. RICKY SALGADO y LAMIGO AND ALVIN CABRERA y CRUZ, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 5, 2019which reads as follows:
"G.R. No. 236588 (People of the Philippines vs. Ricky Salgado y Lamigo and Alvin Cabrera y Cruz)
After a judicious study of the case, this Court resolves to dismiss the instant appeal for failure of appellants to sufficiently show any reversible error in the assailed Decision of the Court of Appeals (CA) dated August 31, 2017 in CA-G.R. CR-HC No. 08008.
However, there is a need to increase the amount of P25,000.00 awarded by the CA as temperate damages to P50,000.00, in line with prevailing jurisprudence.
In this case, the heirs of the victim did not present evidence to prove actual damages. Under Article 2224 of the Civil Code, temperate damages may be recovered, as it cannot be denied that the heirs of the victims suffered pecuniary loss although the exact amount was not proved.
Pursuant to the case of People vs. Jugueta, 1 in all instances 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.
WHEREFORE, the appeal is DISMISSED. The Decision dated August 31, 2017 of the Court of Appeals in CA-G.R. CR-HC No. 08008 is AFFIRMED with MODIFICATION by increasing the award of temperate damages to P50,000.00. The rest of the award of damages is maintained.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. 783 Phil. 806 (2016).