October 2009 - Philippine Supreme Court Resolutions
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[G.R. No. 173469 : October 28, 2009] PEOPLE OF THE PHILIPPINES, PLAINTIFF APPELLEE, VS. TEODORO ALVERO, ACCUSED-APPELLANT :
[G.R. No. 173469 : October 28, 2009]
PEOPLE OF THE PHILIPPINES, PLAINTIFF APPELLEE, VS. TEODORO ALVERO, ACCUSED-APPELLANT
SANDOVAL-GUTIERREZ, J.:
Quoted hereunder, for your information, is a resolution of this Court dated 28 October 2009:
G.R. No. 173469 - PEOPLE OF THE PHILIPPINES, Plaintiff Appellee, versus TEODORO ALVERO, Accused-Appellant.
Considering the allegations, issues and arguments in the present appeal and the absence of any reversible error in the decision of the Court of Appeals in CA-G.R, CR. HC No. 00353 dated May 12, 2006, we resolve to:
(1) ADOPT the findings of fact and law in the said decision; and
(2) DISMISS the appeal, subject to the following modifications on the award of damages pursuant to our rulings in People v. Regalario (G.R. No. 174483, March 31, 2009) and People v. Garchitorena (G.R. No. 175605, August 28, 2009):
WHEREFORE, premises considered, the Court finds the accused-appellant Teodoro Alvero GUILTY beyond reasonable doubt of murder and sentences him to suffer the penalty of reclusion perpetua. The Court orders him to pay the heirs of Fernando Cortez P75,000.00 as civil indemnity, P503000.00 as moral damages and P30,000.00 as exemplary damages. Interest on all damages awarded at the legal rate of 6% per annum is imposed from this date until fully paid.
SO ORDERED.
WITNESS the Honorable Leonardo A. Quisumbing, Chairperson, Honorable Antonio T. Carpio (designated additional member per S.O. No. 757 in lien of Del Castillo, I, on leave), Minita Chico-Nazario (designated additional member per S.O. No. 759 in lien of Carpio Morales, J., on official business), Arturo D. Brion and Roberto A. Abad, Members, Second Division, this 28th day of October, 2009.
G.R. No. 173469 - PEOPLE OF THE PHILIPPINES, Plaintiff Appellee, versus TEODORO ALVERO, Accused-Appellant.
Considering the allegations, issues and arguments in the present appeal and the absence of any reversible error in the decision of the Court of Appeals in CA-G.R, CR. HC No. 00353 dated May 12, 2006, we resolve to:
(1) ADOPT the findings of fact and law in the said decision; and
(2) DISMISS the appeal, subject to the following modifications on the award of damages pursuant to our rulings in People v. Regalario (G.R. No. 174483, March 31, 2009) and People v. Garchitorena (G.R. No. 175605, August 28, 2009):
(a) The award of civil indemnity of P50,000.00 is increased to P 75,000.00;
(b) The award of exemplary damages of P25,000.00 is increased to P 30,000.00; and
(c) Interest on all damages awarded at the legal rate of 6% per annum is imposed from this date until fully paid.
WHEREFORE, premises considered, the Court finds the accused-appellant Teodoro Alvero GUILTY beyond reasonable doubt of murder and sentences him to suffer the penalty of reclusion perpetua. The Court orders him to pay the heirs of Fernando Cortez P75,000.00 as civil indemnity, P503000.00 as moral damages and P30,000.00 as exemplary damages. Interest on all damages awarded at the legal rate of 6% per annum is imposed from this date until fully paid.
SO ORDERED.
WITNESS the Honorable Leonardo A. Quisumbing, Chairperson, Honorable Antonio T. Carpio (designated additional member per S.O. No. 757 in lien of Del Castillo, I, on leave), Minita Chico-Nazario (designated additional member per S.O. No. 759 in lien of Carpio Morales, J., on official business), Arturo D. Brion and Roberto A. Abad, Members, Second Division, this 28th day of October, 2009.
Very truly yours,
(Sgd)MA. LUISA L. LAUREA
Clerk of Court
(Sgd)MA. LUISA L. LAUREA
Clerk of Court