SECOND DIVISION
[G.R. No. 236458. March 11, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. DOMINGUETO SIBULO @ "INGE," RODEL SIBULO @ "COCOY," ERWIN SIBULO y BONITA, ELMER ERANDIO y TABO, AND SALVADOR PALADIN y ARAÑA @ "BOBBY", accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution datedMarch 11, 2019which reads as follows:
"G.R. No. 236458 (People of the Philippines v. Domingueto Sibulo @ "Inge," Rodel Sibulo @ "Cocoy," Erwin Sibulo y Bonita, Elmer Erandio y Tabo, and Salvador Paladin y Araña @ "Bobby")
After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. However, in light of prevailing jurisprudence, particularly, People v. Jugueta, 2 the Court deems it proper to increase the award of temperate damages to P50,000.00, and to adjust the amount of actual damages due to the loss of victim Danilo Rieza's (Rieza) earning capacity to P383,940.00. 3
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the September 27, 2017 Decision 4 of the CA in CA-G.R. CR-HC No. 08576 and AFFIRMS with MODIFICATION said Decision finding accused-appellants Domingueto Sibulo @ "Inge," Rodel Sibulo @ "Cocoy," Erwin Sibulo y Bonita, Elmer Erandio y Tabo, and Salvador Paladin y Araña @ "Bobby" GUILTY beyond reasonable doubt of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code. Accordingly, they are each sentenced to suffer the penalty of reclusion perpetua, and to solidarily pay the heirs of Rieza the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; (c) P75,000.00 as exemplary damages; (d) P50,000.00 as temperate damages; and (e) P383,940.00 as loss of earning capacity. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated November 7, 2017; rollo, pp. 21-22.
2.People v. Jugueta, 783 Phil. 806, 852 (2016).
3. The CA correctly computed the loss of earning capacity of the victim as follows:
|
Net Earning Capacity |
= |
life expectancy x [gross annual income – living expenses] |
|
|
= |
2/3 [80 – age at time of death] x [gross annual income – 50% of gross annual income] |
|
|
= |
2/3 [80 – 48] x [P36,000.00 – P18,000.00] |
|
|
= |
21.33 x P18,000.00 |
However, the CA computed the total amount as P383,421.00 instead of P383,940.00. Thus, the Court deems it proper to correct the said typographical error; see id. at 18-19.
4.Rollo, pp. 2-20. Penned by Associate Justice Jhosep Y. Lopez with Associate Justices Ramon M. Bato, Jr. and Samuel H. Gaerlan, concurring.