Philippine Supreme Court Resolutions > Year 2010 > January 2010 Resolutions > [G.R. No. 188109 : January 20, 2010] PEOPLE OF THE PHILIPPINES VERSUS ALLAN ESTRELLA SELUDO ALIAS "BUKNOY". :

Quoted hereunder, for your information, is a resolution of this Court dated 20 January 2010:

G.R. No. 188109 � PEOPLE OF THE PHILIPPINES versus ALLAN ESTRELLA SELUDO alias "BUKNOY".

Appellant Allan Estrella Seludo was found guilty by the Regional Trial Court (RTC) of Paranaque City, Branch 260, of the crimes of rape with homicide for the rape and killing of a three-year old girl, murder for the killing of a five-year old boy and theft for taking the dead girl's bracelet. He was meted the following penalties:

(a)	for rape with homicide, reclusion perpetua and to pay P100,000 civil indemnity, P50,000 moral damages and P100,000 actual damages;
(b)	for murder, reclusion perpetua and to pay P50,000 civil indemnity and P50,000 moral damages and
(c)	for theft, two months and one day to four months of arresto mayor medium as minimum to six months and one day to two years and four months of prision correccional minimum as maximum.

On appeal, the Court of Appeals (CA) found no reason to disturb the factual findings of the RTC. It affirmed the RTC decision with modification as to the penalty in the crime of rape with homicide by deleting the award of actual damages but increasing the award of moral damages to P75,000 and awarding P25,000 exemplary damages.

Appellant now; assails the CA decision as contrary to facts, law and applicable jurisprudence.

Considering the allegations, issues and arguments presented in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show that the CA committed any reversible error in its January 27, 2009 decision as to warrant the exercise of the Court's appellate jurisdiction.

ACCORDINGLY, the Court adopts the findings of fact and conclusions of law in the January 27, 2009 decision of the CA in CA-G.R. CR-HC No. 03179 and AFFIRMS the said decision with modification as follows:

(a)	finding appellant Allan Estrella Seludo guilty beyond reasonable doubt of the crime of rape with homicide and sentencing him to suffer reclusion perpetua without eligibility for parole and to pay the heirs of the victim P100,000 civil indemnity, P75,000 moral damages, exemplary damages in the increased amount of P100,000[1] and an additional award of P25,000[2] temperate damages conformably with recent jurisprudence;
(b)	finding appellant guilty beyond reasonable doubt of the crime of murder and sentencing him to suffer reclusion perpetua and to pay P50,000 civil indemnity, P50,000 moral damages and an additional award of exemplary damages in the amount of P30,000[3] and temperate damages in the amount of P25,000[4] to conform with recent jurisprudence and
(c)	finding appellant guilty beyond reasonable doubt of the crime of theft and sentencing him to suffer two months and one day to four months of arresto mayor medium as minimum to six months and one day to two years and four months of pvision correccional minimum as maximum.

SO ORDERED.

WITNESS the Honorable Antonio T. Carpio (designated additional member per Special Order No. 818 dated 18 January 2010 in lieu of Hon. Jose C. Mendoza, who is on leave), Hon. Renato C. Corona, Chairperson, Hon. Presbitero J. Velasco, Jr., Hon. Antonio Eduardo B. Nachura and Hon. Roberto A. Abad (designated member per Raffle dated 21 December 2009), Members, Third Division, this 20^th day of January 2010.

Endnotes:

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^[1] People v. Gumimba, G.R. No. 174056, 27 February 2007, 517 SCRA 25; People v. Padua, G.R. No. 169075, 23 February 2007, 516 SCRA 590.

^[2] While actual damages was not exactly established by supporting documents such as receipts, it is reasonable to expect that the victim's heirs incurred expenses for her coffin, burial and food during [he wake thereby justifying an award of temperate damages. (People v. Notation, G.R. No. 181493, 28 August 2008, 563 SCRA 618. Resolution

^[3] People v. Arbalate, G.R. No. 183457. 17 September 2009; People v. Domingo. G.R. No. 184958, 17 September 2009.

^[4] The award of P25,000 in temperate damages in homicide or murder cases is proper when no evidence of burial and funeral expenses is presented in the trial court. (People v. Diaz, G.R. No. 185841,04 August2009)