December 2011 - Philippine Supreme Court Resolutions

Philippine Supreme Court Resolutions

Philippine Supreme Court Resolutions > Year 2011 > December 2011 Resolutions > [G.R. No. 198016 : December 12, 2011] PEOPLE OF THE PHILIPPINES v. NICANOR DIMAIWIT, JR. :

THIRD DIVISION

[G.R. No. 198016 : December 12, 2011]

PEOPLE OF THE PHILIPPINES v. NICANOR DIMAIWIT, JR.

Sirs/Mesdames:

Please take notice that the Court, Third Division, issued a Resolution dated 12 December 2011, which reads as follows:cralaw

G.R. No. 198016 (People of the Philippines v. Nicanor Dimaiwit, Jr.) - The records of this case were elevated to this Court on August 25, 2011, pursuant to the Court of Appeals Resolution dated March 14, 2011 which gave due course to the notice of appeal filed by the accused, Nicanor Dimaiwit, Jr.

In compliance with the Court's Resolution dated September 28, 2011, both the accused and the Office of the Solicitor General filed their respective manifestations stating that they are no longer filing their Supplemental Briefs with this Court; and that they are adopting all the allegations, issues and arguments adduced in their respective briefs filed before the Court of Appeals.

After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure of the accused-appellant to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction. Thus, the decision of the Court of Appeals is affirmed except with respect to the award of moral damages, which is increased to P75,000.00,^[1] while an additional award of P30,000.00 as exemplary damages is hereby awarded in addition to those already imposed by the Court of Appeals.^[2]cralaw

WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated January 27, 2011 of the Court of Appeals in CA-H.C. CR H.C. No. 03620, finding accused Nicanor Dimaiwit, Jr. guilty beyond reasonable doubt of murder and imposing upon him the penalty of reclusion perpetua. The accused is ordered to pay the heirs of the victim the amounts of P50,000.00 as civil liability ex delicto, P33,265.00 as actual damages, P75,000.00 as moral damages, and P30,000.00 as exemplary damages, and costs. He is likewise credited in full for his preventive detention if he agrees in writing to abide by the rules for convicted prisoners, otherwise, with only four-fifths (4/5) thereof.

SO ORDERED.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court

Endnotes:

^[1] People v. Regalario, G.R. No. 1 74483, March 31, 2009 582 SCRA 738
^[2] Id.

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