March 2011 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[G.R. No. 186378 : March 02, 2011]
PEOPLE OF THE PHILIPPINES VS. ABEL BELEN Y LLANERA AND REX EVANGELISTA
G.R. No. 186378 (People of the Philippines vs. Abel Belen y Llanera and Rex Evangelista). - The records of this case were elevated to this Court on March 3, 2009, pursuant to the Court of Appeals Resolution dated September 3, 2008 which gave due course to the notice of appeal filed by accused-appellants Abel Belen and Rex Evangelista.
In compliance with the Court's Resolution dated March 30, 2009, both the accused-appellants and the Office of the Solicitor General filed their respective manifestations stating that they were no longer filing their Supplemental Briefs with this Court; and that they were adopting all the allegations, issues and arguments adduced in their respective briefs filed before the Court of Appeals (CA).
After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure of the appellant to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction. Thus, the CA decision is affirmed except with respect to the award of exemplary damages, the amount of which should be increased from P25,000.00 to P30,000.00.[1]
WHEREFORE, the Court ADOPTS the findings of fact and conclusion of law in the Decision dated January 30, 2008 of the Court of Appeals in CA-G.R. CR-HC No. 00185, finding accused-appellants Abel Belen y Llanera and Rex Evangelista guilty beyond reasonable doubt of murder. However, the Court resolves to MODIFY the penalty imposed on the accused-appellants to the effect that accused-appellants Abel Belen y Llanera and Rex Evangelista shall suffer the penalty of reclusion perpetua and to pay jointly and severally the legal heirs of Franchelo Belen the amount of Fifty Thousand Pesos (P50,000.00) by way of civil indemnity, Fifty Thousand Pesos (P50,000.00) as moral damages, Thirty Thousand Pesos (P30,000.00) as exemplary damages and Nineteen Thousand Nine Hundred Seventy-Seven Pesos and Forty Centavos (P19,977.40) actual damages. Nachura and Peralta, JJ., on leave; Velasco, Jr. and Del Castillo, JJ., designated additional members per S.O. Nos. 933 and 954, respectively.
SO ORDERED.
Very truly yours,
MA. LUISA L. LAUREA
Clerk of Court
By:
(Sgd.) TERESITA AQUINO TUAZON
Asst. Clerk of Court
Endnotes:
[1] People vs. Dolorido, G.R. No. 191721, January 12, 2011.