SECOND DIVISION
[G.R. No. 251126. September 16, 2020.]
DIOSDADO REYTERAN, SR. y REBUSQUILLO, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 16 September 2020which reads as follows:
"G.R. No. 251126 (Diosdado Reyteran, Sr. y Rebusquillo v. People of the Philippines). — After a careful review of the case, the Court resolves to DENY the instant petition and AFFIRM with MODIFICATIONS the Decision 1 dated May 24, 2019 and the Resolution 2 dated December 11, 2019 of the Court of Appeals (CA) in CA-G.R. CR No. 38969, for failure of petitioner Diosdado Reyteran, Sr. y Rebusquillo to sufficiently show that the CA committed any reversible error in affirming the ruling of the Regional Trial Court in finding him guilty beyond reasonable doubt of Homicide.
The award of temperate damages shall be imposed in lieu of actual damages. It is well-settled that "where actual damages proved by receipts during the trial amount to less 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."3 Considering that only P41,423.00 as actual damages were duly substantiated by receipts and evidence during trial, the award of temperate damages in the higher amount of P50,000.00 shall be imposed in lieu of actual damages.
Likewise, the Court finds it proper to impose an interest at a legal rate of six percent (6%) per annum on all monetary awards from the date of finality of this Resolution until fully paid.
WHEREFORE, the Court AFFIRMS the Decision dated May 24, 2019 and the Resolution dated December 11, 2019 of the Court of Appeals in CA-G.R. CR No. 38969, finding herein petitioner Diosdado Reyteran, Sr. y Rebusquillo guilty beyond reasonable doubt of Homicide under Article 249 of the Revised Penal Code, as amended, with the following MODIFICATIONS:
(1) The award of actual damages is DELETED, and in lieu thereof, temperate damages in the amount of P50,000.00 is awarded to the heirs of the victim; and
(2) A legal interest of six percent (6%) per annum shall be imposed on the total monetary awards from the finality of this Resolution until full payment thereof.
SO ORDERED." (Baltazar-Padilla, J., on leave.)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Penned by Associate Justice Pablito A. Perez, with Associate Justices Celia C. Librea-Leagogo and Samuel H. Gaerlan (now a Member of the Court), concurring; rollo, pp. 32-49.
2.Id. at 59-60.
3. See People v. Racal, 817 Phil. 665, 685 (2017).