February 2012 - Philippine Supreme Court Resolutions

Philippine Supreme Court Resolutions

Philippine Supreme Court Resolutions > Year 2012 > February 2012 Resolutions > [G.R. No. 198101 : February 08, 2012] PEOPLE OF THE PHILIPPINES v. RODIL BORILLO Y MEDINA :

THIRD DIVISION

[G.R. No. 198101 : February 08, 2012]

PEOPLE OF THE PHILIPPINES v. RODIL BORILLO Y MEDINA

Sirs/Mesdames:

Please take notice that the Court, Third Division, issued a Resolution dated 08 February 2012, which reads as follows:cralaw

G.R. No. 198101 (People of the Philippines v. Rodil Borillo y Medina).- The records of this case were elevated to this Court on August 25, 2011, pursuant to the Court of Appeals Resolution dated March 28, 2011 which gave due course to the notice of appeal filed by the accused-appellant Rodil Borillo y Medina.

In compliance with the Court's Resolution dated September 28, 2011, both the accused-appellant 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 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.

The penalty for Murder under Article 248 of the Revised Penal Code is reclusion perpetua to death. Since the aggravating circumstance of treachery was alleged and proven, the imposable penalty is death, pursuant to Article 63, paragraph 1, of the Revised Penal Code. In view, however, of the passage of Republic Act No. 9346, prohibiting the imposition of the death penalty, the penalty is reduced to reclusion perpetua without eligibility for parole.

As to the award of damages, the Court of Appeals erred in the amount of moral damages awarded and failed to award exemplary damages.

The award of civil indemnity imposed by the Court of Appeals in the amount of P75,000.00 is correct, as it is mandatory and granted to the heirs of the victim without need of proof other than the commission of the crime. However, in accordance with recent jurisprudence, the award of moral damages in the amount of P50,000.00 should be increased to P75,000.00, such is also mandatory without need of allegation and proof other than the death of the victim. Additionally, the award of exemplary damages in the amount of P30,000.00 is also in order, because of the presence of the aggravating circumstance of treachery in the commission of the crime.^{^[1]}

Thus, the decision of the Court of Appeals is affirmed with the modification that the accused-appellant pay the heirs of the victim the increased amount of P75,000.00 as moral damages, and the amount of P30,000.00 as exemplary damages.cralaw

WHEREFORE, the Court AFFIRMS the February 22, 2011 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 03393 finding the accused-appellant, Rodil Borillo y Medina, guilty beyond reasonable doubt of Murder, and sentencing him to suffer the penalty of reclusion perpetua, without eligibility for parole, and to pay the heirs of the victim, Arnel Albutra, the amount of P75,000.00 as civil indemnity, with the MODIFICATION that accused-appellant also pay to the heirs of the victim, the amounts of P75,000.00 as moral damages and P30,000.00 as exemplary damages.

SO ORDERED.

Very truly yours,

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

Endnotes:

^{^[1]} People v. Anticamara, G.R. No. 178771, June 8, 2011.

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