FIRST DIVISION
[G.R. No. 237688. January 14, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. BENJIE SOLAYAO Y BALATAYO A.K.A. BENJIE BATULA Y LABADO, BRIAN ABARQUEZ Y FERNANDEZ A.K.A. BRIAN NABLO, BRIAN VON ABARQUEZ Y ESCALERA A.K.A. BRIAN NABLO, ALVIN CALUTAN Y MABONGA A.K.A. "KAPE", & JOHN DOE, ACCUSED; ALVIN CALUTAN Y MABONGA A.K.A. "KAPE", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJanuary 14, 2019which reads as follows:
"G.R No. 237688 (People of the Philippines v. Benjie Solayao y Balatayo a.k.a. Benjie Batula y Labado, Brian Abarquez y Fernandez a.k.a. Brian Nablo, Brian Von Abarquez y Escalera a.k.a. Brian Nablo, Alvin Calutan y Mabonga a.k.a. "KAPE", & John Doe, accused; Alvin Calutan y Mabonga a.k.a. "KAPE", accused-appellant). — After review, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in upholding the conviction of accused-appellant, Alvin Calutan y Mabonga a.k.a. "Kape", for committing the crime of robbery with homicide. DcHSEa
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated August 9, 2017 of the Court of Appeals in CA-G.R. CEB CR-HC No. 02186 and AFFIRMS the Decision finding accused-appellant Alvin Calutan y Mabonga a.k.a. "Kape" GUILTY beyond reasonable doubt of the crime of robbery with homicide, sentencing him to suffer the penalty of reclusion perpetua and to pay:
1. The heirs of PO3 Antonio Ataylar y Morallos, Jr. P75,000.00 as moral damages;
2. The heirs of PO1 Michael Dante y Delije P75,000.00 as moral damages and P66,467.02 as actual damages;
3. PO1 Rey O. Alea P9,600.00 as restitution; and
4. PO1 Marlo P. Mugar P14,500.00 as restitution.
In accordance with the prevailing jurisprudence, 1 the Court MODIFIES the award of civil indemnity to the heirs of PO3 Antonio Ataylar y Morallos and PO1 Michael Dante y Delije, and temperate damages to the heirs of PO3 Antonio Ataylar y Morallos, in that they are respectively increased to P75,000.00 and P50,000.00. In addition, accused-appellant Alvin Calutan y Mabonga a.k.a. "Kape" is also ordered to pay the heirs of PO3 Antonio Ataylar y Morallos and PO1 Michael Dante y Delije, respectively, P75,000.00 as exemplary damages. Legal interest of 6% per annum shall likewise be imposed on all damages awarded computed from the finality of this Resolution until their full satisfaction. SaCIDT
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331.