FIRST DIVISION
[G.R. No. 248420. July 20, 2022.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ROLLY TIMCANG y JURTILLA, *accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 20, 2022which reads as follows:
"G.R. No. 248420 (People of the Philippines v. Rolly Timcang y Jurtilla). — Assailed in this ordinary appeal 1 is the Decision 2 dated May 9, 2019 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 01637-MIN, finding accused-appellant Rolly Timcang y Jurtilla (Timcang) guilty beyond reasonable doubt for two counts of the crime of Murder, as defined and penalized under Article 248 3 of the Revised Penal Code (RPC).
After a judicious review of the case, We resolve to DISMISS the appeal, for failure to sufficiently show that the CA committed any reversible error in affirming the conviction of Timcang for two counts of the crime of Murder, as defined and penalized under Article 248 of the RPC. Thus, the Court adopts the findings of fact and conclusions of law of the appellate court. However, the Court hereby deems it apt to modify the award of damages.
In accordance with People v. Jugueta, 4 the monetary award is hereby modified such that the civil indemnity, moral damages and exemplary damages are hereby set at P75,000.00 for the heirs of each of the two victims. The award of P50,000.00 as temperate damages is likewise proper. These amounts shall earn six percent (6%) interest per annum from finality of this Resolution until fully paid.
WHEREFORE, the instant appeal is DISMISSED. The Decision dated May 9, 2019 of the Court of Appeals in CA-G.R. CR-HC No. 01637-MIN is hereby AFFIRMED with MODIFICATION, finding accused-appellant Rolly Timcang y Jurtilla GUILTY beyond reasonable doubt for two counts of the crime of Murder, as defined and penalized under Article 248 of the Revised Penal Code. He is sentenced to suffer the penalty of reclusion perpetua for each count. Accordingly, he is ORDERED to pay the respective heirs of Roselier Gambong and Allyson Lean Castro the following amounts: (i) P75,000.00 as civil indemnity; (ii) P75,000.00 as moral damages; (iii) P75,000.00 as exemplary damages; and (iv) P50,000.00 as temperate damages. Finally, accused-appellant Rolly Timcang y Jurtilla is likewise ordered to pay interest on all monetary awards at the rate of six percent (6%) legal interest per annum from the date of the finality of this Resolution until fully paid. CAIHTE
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
* Also appears as "Juntilla" in some parts of the rollo.
1. CA rollo, p. 10.
2.Rollo, pp. 4-15. Penned by Associate Justice Edgardo A. Camello, and concurred in by Associate Justices Walter S. Ong and Florencio M. Mamauag, Jr.
3. Article 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of Murder, and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
xxx xxx xxx
4. 783 Phil. 806, 847-853 (2016).