FIRST DIVISION
[G.R. No. 223416. July 30, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.MICHAEL SIMON y PABUSTAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 30, 2019which reads as follows:
"G.R. No. 223146 (People of the Philippines vs. Michael Simon y Pabustan)
For automatic review is the Decision 1 dated April 14, 2015 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 06395, which affirmed the Decision 2 dated September 10, 2013 of the Regional Trial Court of Malolos City, Bulacan, Branch 15 in Criminal Case No. 1976-M-2009, which found Michael Simon y Pabustan (accused-appellant) guilty of the crime of robbery with homicide under Article 294, paragraph 1 of the Revised Penal Code and sentenced him to suffer the penalty of reclusion perpetua.
After a judicious study of the case, the Court resolves to dismiss the appeal for failure of the accused-appellant to sufficiently show that the CA committed any reversible error in its assailed Decision dated April 14, 2015.
However, in line with current jurisprudence, this Court orders accused-appellant to pay the heirs of the victim the amounts of P75,000.00 as civil indemnity; P75,000.00 as moral damages; P75,000.00 as exemplary damages; and P50,000.00 as temperate damages in lieu of actual damages. Finally, the Court imposes on all the monetary awards for damages interest at the legal rate of 6% per annum from the date of finality of this Resolution until fully paid.
WHEREFORE, the appeal is DISMISSED. The Decision dated April 14, 2015 of the Court of Appeals in CA-G.R. CR-HC No. 06395 is hereby AFFIRMED with MODIFICATION in that accused-appellant, Michael Simon y Pabustan is hereby ORDERED to pay the heirs of the victim the following amounts: 1) P75,000.00 as civil indemnity; 2) P75,000.00 as moral damages; 3) P75,000.00 as exemplary damages; and 4) P50,000.00 as temperate damages in lieu of actual damages; and an interest at the rate of six percent (6%) per annum shall be imposed on all monetary awards from the time of finality of this Resolution until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. Penned by Associate Justice Jane Aurora C. Lantion, with Associate Justices Magdangal M. De Leon and Nina G. Antonio-Valenzuela, concurring; rollo, pp. 2-12.
2. Penned by Judge Alexander P. Tamayo; CA rollo, pp. 33-40.