SECOND DIVISION
[G.R. No. 245308. February 24, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. JERICHO SUDARIO y PAULINO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated24 February 2020which reads as follows:
"G.R. No. 245308 (People of the Philippines v. Jericho Sudario y Paulino). — The Court NOTES the manifestation in lieu of supplemental brief with profuse apology dated January 16, 2020 of counsel for accused-appellant Jericho Sudario y Paulino (accused-appellant), adopting the brief filed before the Court of Appeals (CA) as accused-appellant's supplemental brief in this case, as the same had adequately discussed all the matters pertinent to the defense, and stating that counsel inadvertently failed to file the supplemental brief prior to the expiration of the reglementary period as she was not able to personally receive the Resolution dated June 3, 2019. HTcADC
After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the 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 modify the award of damages, plus interest.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the August 30, 2018 Decision 3 of the CA in CA-G.R. CR-H.C. No. 08958 and AFFIRMS with MODIFICATION said Decision finding accused-appellant GUILTY beyond reasonable doubt of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua and to pay the heirs of Mark Joseph Dela Cruz y Bautista the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; (c) P75,000.00 as exemplary damages; and (d) P50,000.00 as temperate damages. 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.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated September 21, 2018; rollo, pp. 14-16.
2.People v. Jugueta, 783 Phil. 806, 848 (2016).
3.Rollo, pp. 3-13. Penned by Associate Justice Mario V. Lopez (now a member of this Court) with Associate Justices Carmelita Salandanan Manahan and Ronaldo Roberto B. Martin, concurring.