FIRST DIVISION
[G.R. No. 234150. August 8, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. BIENVENIDO YAP y DANTES, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 8, 2018which reads as follows: HTcADC
"G.R. No. 234150 (People of the Philippines v. Bienvenido Yap y Dantes). — After a review of the records, the Court resolves to DISMISS the appeal for failure to satisfactorily show that the Court of Appeals committed any reversible error in upholding the conviction of accused-appellant Bienvenido Yap y Dantes for murder.
However, we modify the award of damages in light of prevailing jurisprudence. In People v. Jugueta, 1 we held that where the penalty imposed is reclusion perpetua, the nature and amount of damages that may be awarded are: P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. We note that the Regional Trial Court awarded actual damages of P40,000.00. We instead award temperate damages in the amount of P50,000.00 pursuant to Jugueta and People v. Racal2 wherein we held that when the 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 is of a lesser amount.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law of the trial court, as affirmed by the Court of Appeals in its March 30, 2017 Decision in CA-G.R. CR-HC No. 07803 and AFFIRMS said Decision finding accused-appellant Bienvenido Yap y Dantes GUILTY beyond reasonable doubt of the crime of murder for which he is sentenced to suffer the penalty of reclusion perpetua. In accordance with prevailing jurisprudence, the Court MODIFIES the award of civil indemnity, moral damages, and exemplary damages by reducing them to P75,000.00 respectively. In addition, the Court awards P50,000.00 as temperate damages in lieu of actual damages. These amounts shall then earn 6% interest per annum from the date of finality of this Resolution until full payment.
The Office of the Solicitor General's manifestation and motion pursuant to the Resolution dated December 13, 2017, stating that it will no longer file a supplemental brief and is merely adopting its Appellee's Brief; and the accused-appellant's manifestation (in lieu of supplemental brief), pursuant to the Resolution dated December 13, 2017, stating that he will no longer file a supplemental brief considering that the Appellant's Brief have adequately and exhaustively discussed all issues pertinent to his case, are both NOTED.
SO ORDERED."Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. G.R. No. 202124, April 5, 2016, 788 SCRA 331.
2. G.R. No. 224886, September 4, 2017.