SECOND DIVISION
[G.R. No. 242416. January 7, 2019.]
ALVIN PINLAC, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated07 January 2019which reads as follows:
"G.R. No. 242416 (Alvin Pinlac v. People of the Philippines)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM with MODIFICATION the May 28, 2018 Decision 2 and the October 4, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. CR No. 38735 finding petitioner Alvin Pinlac (petitioner) GUILTY beyond reasonable doubt of the crime of Homicide, defined and penalized under Article 249 of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of imprisonment for an indeterminate period of six (6) years and one (1) day of prision mayor as minimum, to twelve (12) years and one (1) day of reclusion temporal as maximum, and to pay the heirs of Vincent M. Quebral (Quebral) the following amounts: (a) P50,000.00 as death indemnity; (b) P50,000.00 as moral damages; and (c) P50,000.00 4 as temperate damages. Moreover, all monetary awards shall earn legal interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
As correctly ruled by the CA, the prosecution was able to prove all the elements of the crime of Homicide in light of the positive testimonies of its witnesses. 5 Records show that petitioner was positively identified as the person who first shot Quebral. 6 On the other hand, petitioner's defense of alibi was weak, not having been substantiated by clear and convincing evidence. 7 Moreover, no circumstance was established that would qualify the killing to murder. 8
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 12-23. Erroneously titled as "Petition for Certiorari under Rule 45 with Leave of Court."
2.Id. at 44-54. Penned by Associate Justice Victoria Isabel A. Paredes with Associate Justices Mario V. Lopez and Pablito A. Perez, concurring.
3.Id. at 28-29.
4. In lieu of actual damages in the lesser amount of P44,500.00 (see id. at 53), in light of the ruling in People v. Jugueta (783 Phil. 806, 853 [2016]).
5. It is settled that the elements of Homicide are the following: "(a) a person was killed; (b) the accused killed him without any justifying circumstance; (c) the accused had the intention to kill, which is presumed; and (d) the killing was not attended by any of the qualifying circumstances of Murder, or by that of Parricide or Infanticide." (see Wacoy v. People, 761 Phil. 570, 578 [2015]); see also Villanueva v. Caparas, 702 Phil. 609, 616 (2013). See further rollo, pp. 48-50.
6. See rollo, pp. 48-49 and 51.
7. See id. at 51-52.
8. See id. at 51.