People v. Tumitit y Buyuccan

SECOND DIVISION

[G.R. No. 231612. August 19, 2019.]

PEOPLE OF THE PHILIPPINES, petitioner,vs. PABLO TUMITIT Y BUYUCCAN, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated19 August 2019which reads as follows:

"G.R. No. 231612(People of the Philippines v. Pablo Tumitit y Buyuccan)

After a careful review of the records of the case, the Court finds the appeal to be lacking in merit. Both the Regional Trial Court of Bayombong, Nueva Vizcaya, Branch 27 and the Court of Appeals found appellant Pablo Tumitit y Buyuccan guilty beyond reasonable doubt of murder and sentenced him to suffer the penalty of reclusion perpetua. In line with recent jurisprudence, 1 we agree with the Court of Appeals to increase the award of civil indemnity, moral damages and exemplary damages to P75,000.00, respectively.

As to temperate damages, we modify the P25,000.00 amount awarded by the Court of Appeals and increase it to P50,000.00 in line with recent jurisprudence: 2

The settled rule is that when actual damages proven by receipts during the trial amount to less than the sum allowed by the Court as temperate damages, the award of temperate damages is justified in lieu of actual damages which are of a lesser amount. x x x. The rationale for this rule is that it would be anomalous and unfair for the victim's heirs, who tried and succeeded in presenting receipts and other evidence to prove actual damages, to receive an amount which is less than that given as temperate damages to those who are not able to present any evidence at all. 3

In this case, since the actual damages duly proven by receipts during the trial amount to less than P25,000.00, temperate damages, amounting to P50,000.00 must be awarded in lieu of actual damages.

We sustain the imposition of interest at the rate of six percent (6%) per annum on all damages awarded from the date of finality of this Resolution until fully paid.

WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the attached Decision of the Court of Appeals in CA-G.R. CR-HC No. 07417 dated 30 June 2016 and AFFIRMS WITHMODIFICATION said Decision finding appellant Pablo Tumitit y Buyuccan GUILTY beyond reasonable doubt of murder in Criminal Case No. 6587.

Appellant is sentenced to suffer the penalty of reclusion perpetua, and is ordered to pay Corazon Bumulo's heirs 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. All damages awarded shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid.

SO ORDERED."

Very truly yours,

(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court

By:

TERESITA AQUINO TUAZONDeputy Division Clerk of Court

 

Footnotes

1.People v. Empuesto, G.R No. 218245, 17 January 2018, 851 SCRA 611, citing People v. Jugueta, 783 Phil. 806 (2016).

2.People v. Oliva, G.R. No. 237811, 10 January 2019, citing People v. Racal, G.R. No. 224886, 4 September 2017, 838 SCRA 476, 498.

3.People v. Oliva, G.R. No. 237811, 10 January 2019.