FIRST DIVISION
[G.R. No. 201928. June 6, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JIMMY TABON TABON, RICKY DEL MONTE AND JOVEN RAGASA, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 6, 2019which reads as follows:
"G.R. No. 201928 (PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JIMMY TABON TABON, RICKY DEL MONTE and JOVEN RAGASA, Accused-Appellants.) — After a judicious review of the records, the Court resolves to DISMISS the appeal against the February 6, 2012 decision 1 of the Court of Appeals (CA) in CA-G.R. CR No. 04173 whereby the CA affirmed with modification the decision 2 of the Regional Trial Court (RTC), Fourth Judicial Region, Branch 73, Antipolo City, finding the accused-appellants guilty of the crime of murder.
Given the factual circumstances of the case, the Court sees no reason to depart from the pronouncement of the lower courts that the accused-appellants killed the victim by means of treachery and took advantage of their superior strength. The factual findings of the trial court as affirmed by the CA are entitled to respect and are not disturbed on appeal unless some facts or circumstances of weight and substance were overlooked or misappreciated, and could materially affect the disposition of the case otherwise. 3 HTcADC
We must however, modify the decision of the CA to conform with current policy by imposing interest on all the awards for damages at the legal rate of 6% per annum from the date of finality of this resolution until fully paid. 4
Finally, the Court received a letter 5 from the Bureau of Corrections informing the Court of the death of accused-appellant Ricky del Monte on November 27, 2018. Following Article 89 of the Revised Penal Code, the death of the accused totally extinguishes his criminal liability. As such, the death of Ricky del Monte during the pendency of this appeal would lead to the dismissal, as to him, of the criminal aspect of the case as well as the civil liability arising from such criminal act. 6
WHEREFORE, the Court DISMISSES the appeal; AFFIRMS with MODIFICATION the decision of the Court of Appeals in CA-G.R. CR No. 04173 promulgated on February 6, 2012; and ORDERS the accused-appellants to pay interest at the rate of six percent (6%) per annum imposed on all the damages awarded from the date of finality of this resolution until fully paid. CAIHTE
SO ORDERED."Carandang, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 2-10; penned by Associate Justice Manuel M. Barrios with Associate Justice Juan Q. Enriquez, Jr. and Associate Justice Apolinario D. Bruselas, Jr. concurring.
2. CA rollo, pp. 15-18; penned by Judge Ronaldo B. Martin.
3.Carballo v. People, G.R. No. 240499, January 14, 2019 (Resolution).
4.Nacar v. Gallery Frames, G.R. No. 189871, August 13, 2013, 703 SCRA 439, 459; Sison v. People, G.R. No. 187229, February 22, 2012, 666 SCRA 645, 667.
5.Rollo, p. 72; dated December 8, 2018.
6.People v. Antido, G.R. No. 208651, March 14, 2018.