FIRST DIVISION
[G.R. No. 212209. December 1, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. SHERWIN UNZO y PAMBID AND ELMER TAPURO y PAGUD, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedDecember 1, 2014which reads as follows: CHTAIc
"G.R. No. 212209 (People of the Philippines v. Sherwin Unzo y Pambid and Elmer Tapuro y Pagud). — After a judicious perusal of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. However, to conform with prevailing jurisprudence, 1 the Court deems it proper to modify the awards of damages as follows: (a) P75,000.00 as civil indemnity; and (b) P75,000.00 as moral damages.
With respect to the manifestation regarding the death of accused-appellant Elmer Tapuro y Pagud, the Court hereby refers the same to the CA, where his motion for reconsideration is still pending resolution.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the October 10, 2013 Decision 2 of the CA in CA-G.R. CR-HC No. 04667 and AFFIRMS said Decision finding accused-appellant Sherwin Unzo y Pambid GUILTY beyond reasonable doubt of the crime of Murder, in violation of Article 248 of the Revised Penal Code, with MODIFICATION as to the awards of damages and eligibility for parole, sentencing him to suffer the penalty of reclusion perpetua, without eligibility for parole, and to pay the heirs of the victim the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; (c) P30,000.00 as exemplary damages; and (d) P25,000.00 as temperate damages, plus legal interest of six percent (6%) per annum on all amounts imposed from the finality of this judgment until full payment.
SO ORDERED." BERSAMIN,J., on leave; REYES,J., designated acting member per S.O. No. 1892 dated November 28, 2014.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1.People v. Arbalate, 616 Phil. 221, 238 (2009); citation omitted.
2.Rollo, pp. 2-17. Penned by Associate Justice Pedro B. Corales with Associate Justices Sesinando E. Villon and Florito S. Macalino, concurring.