SECOND DIVISION
[G.R. No. 215783. March 11, 2015.]
PRIMO TEMPLE, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 11 March 2015 which reads as follows:
"G.R. No. 215783 — Primo Temple vs. People of the Philippines
This Court will not overturn the trial court's assessment of the witnesses' credibility when there is no showing that the trial court overlooked material facts or gravely abused its discretion. This is especially true where, as in this case, the trial court's assessment is affirmed by the appellate court. 1 There is no reversible error to disturb the factual findings of the Regional Trial Court and the Court of Appeals. These courts also imposed the appropriate penalties for frustrated murder. While the Information mentions that the crime was attended by evident premeditation, this circumstance cannot be considered in increasing the maximum of the indeterminate penalty for lack of evidence. However, aside from the actual damages awarded, the heirs of Melchor O. Ballara must be indemnified with exemplary damages in the sum of P20,000.00; in addition, the award of moral damages must be decreased to P40,000.00, in accordance with prevailing jurisprudence. 2 Moreover, interest at the rate of 6% per annum is imposed on all damages awarded from the date of finality of this Resolution until fully paid.
ACCORDINGLY, the Petition is DENIED. The December 16, 2013 Decision and the November 13, 2014 Resolution of the Court of Appeals in CA-G.R. CR No. 00765-MIN finding petitioner Primo Temple guilty of frustrated murder are AFFIRMED with MODIFICATIONS in that award of moral damages is reduced to P40,000.00; petitioner is further ordered to pay the amount of P20,000.00 as exemplary damages; and all damages awarded shall earn interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. People v. Baldomar, G.R. No. 197043, February 29, 2012, 667 SCRA 415, 417.
2. Id. at 419 citing People v. Mokammad, 613 Phil. 116, 131-132.