FIRST DIVISION
[G.R. No. 255135. June 30, 2021.]
EFREN SARIO, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated June 30, 2021 which reads as follows:
"G.R. No. 255135 (Efren Sario v. People of the Philippines). — After a perusal of the records of the case, this Court resolves to deny the Petition for Review on Certiorari1 for failure of petitioner Efren Sario to sufficiently show that the Court of Appeals committed reversible error in upholding his conviction for the crime of homicide under Article 249 of the Revised Penal Code. However, the amount of civil indemnity and moral damages awarded to the heirs of victim Antonio Maravillas should be modified to P50,000.00 each pursuant to the Court's ruling in People v. Jugueta. 2 Temperate damages amounting to P50,000.00 should likewise be awarded in lieu of actual damages in the lesser amount of P48,000.00, in accordance with the Court's ruling in People v. Racal. 3
WHEREFORE, the petition is DENIED. The Decision dated November 20, 2020 of the Court of Appeals in CA-G.R. CR No. 41020 finding petitioner Efren Sario GUILTY beyond reasonable doubt of the crime of homicide under Article 249 of the Revised Penal Code, and sentencing him to a penalty of imprisonment of eight (8) years and one (1) day of prision mayor as minimum to fourteen (14) years, eight (8) months, and one (1) day of reclusion temporal as maximum, is AFFIRMED with MODIFICATION in that petitioner Efren Sario must pay the heirs of victim Antonio Maravillas the following: (1) civil indemnity of P50,000.00; (2) moral damages of P50,000.00; and (3) temperate damages of P50,000.00. The total amount awarded shall be subject to a legal interest of six percent (6%) per annum from the finality of this Resolution until full satisfaction.
The motion of Atty. Santiago Z. Ceneta to withdraw as counsel, with conformity, and motion for extension of thirty (30) days from the expiration of the reglementary period on January 6, 2021 within which to file an accused-appellant brief, are both GRANTED; the petitioner is hereby required to SUBMIT, within five (5) days from notice hereof, a soft copy in compact disc, USB or e-mail containing the PDF file of the signed petition for review on certiorari pursuant to A.M. Nos. 10-3-7-SC and 11-9-4-SC; and the Cash Collection and Disbursement Division is hereby DIRECTED to RETURN to petitioner the excess payment for the legal fees in the amount of P470.00 under O.R. No. 0287939-SC-EP dated February 2, 2021.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 10-24.
2. 783 Phil. 806 (2016).
3. 817 Phil. 665 (2017).