July 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 190614 : July 07, 2010] PEOPLE OF THE PHILIPPINES V. VILLAMOR SAN JUAN AGUIRRE :
[G.R. No. 190614 : July 07, 2010]
PEOPLE OF THE PHILIPPINES V. VILLAMOR SAN JUAN AGUIRRE
Sirs/Mesdames:
Please take notice that the Court, First Division, issued a Resolution dated 07 July 2010, which reads as follows:
G.R. No. 190614 (PEOPLE OF THE PHILIPPINES versus VILLAMOR SAN JUAN AGUIRRE).- In a decision dated November 14, 2005,[1] accused-appellant Villamor San Juan Aeuirre was found guilty of murder for killing Nessa Rejano by the Regional Trial Court (RTC) of Pasig City, Branch 159. He was sentenced to suffer reclusion perpetua and was ordered to pay the heirs of the victim P50,000.00 civil indemnity, P50,000 moral damages, P25,000 exemplary damages and P25,000 temperate damages.
The Court of Appeals (CA) affirmed the RTC decision in toto on intermediate appellate review.[2]
Both the RTC and the CA found that accused-appellant forcibly opened the window of the victim's house in Pinagbuhatan, Pasig City in the early hours of June 30, 2002 and shot her on the chest with a .38 caliber gun as she slept. The victim was immediately brought to the Rainforest Hospital but was pronounced dead on arrival.
We find no reason to disturb the findings of the RTC as affirmed by the CA. The records are replete with evidence establishing accused-appellant's guilt beyond reasonable doubt. However, to conform with existing jurisprudence, exemplary damages of P30.000 are awarded to the heirs of the victim.[3]
WHEREFORE, the appeal is hereby DISMISSED. The December 7, 2007 decision of the Court of Appeals in CA-G.R. H.C. CR No. 01922 finding accused-appellant Villamor San Juan Aguirre guilty beyond reasonable doubt of murder is AFFIRMED with MODIFICATION. Accused-appellant is sentenced to suffer reclusion perpetua and to pay the heirs of Nessa Rejano P50,000 civil indemnity, P50,000 moral damages, P30,000 exemplary damages and P25,000 temperate damages.
Costs against accused-appellant.
The confirmation of accused-appellant's confinement at the Bureau of Corrections on 07 December 2005 is NOTED.
SO ORDERED. VELASCO, JR., J. and LEONARDO-DE CASTRO, J., on official leave. BRION, J., Additional Member per S.O. No. 856 and ABAD. J., Additional Member per S.O. No. 869.
G.R. No. 190614 (PEOPLE OF THE PHILIPPINES versus VILLAMOR SAN JUAN AGUIRRE).- In a decision dated November 14, 2005,[1] accused-appellant Villamor San Juan Aeuirre was found guilty of murder for killing Nessa Rejano by the Regional Trial Court (RTC) of Pasig City, Branch 159. He was sentenced to suffer reclusion perpetua and was ordered to pay the heirs of the victim P50,000.00 civil indemnity, P50,000 moral damages, P25,000 exemplary damages and P25,000 temperate damages.
The Court of Appeals (CA) affirmed the RTC decision in toto on intermediate appellate review.[2]
Both the RTC and the CA found that accused-appellant forcibly opened the window of the victim's house in Pinagbuhatan, Pasig City in the early hours of June 30, 2002 and shot her on the chest with a .38 caliber gun as she slept. The victim was immediately brought to the Rainforest Hospital but was pronounced dead on arrival.
We find no reason to disturb the findings of the RTC as affirmed by the CA. The records are replete with evidence establishing accused-appellant's guilt beyond reasonable doubt. However, to conform with existing jurisprudence, exemplary damages of P30.000 are awarded to the heirs of the victim.[3]
WHEREFORE, the appeal is hereby DISMISSED. The December 7, 2007 decision of the Court of Appeals in CA-G.R. H.C. CR No. 01922 finding accused-appellant Villamor San Juan Aguirre guilty beyond reasonable doubt of murder is AFFIRMED with MODIFICATION. Accused-appellant is sentenced to suffer reclusion perpetua and to pay the heirs of Nessa Rejano P50,000 civil indemnity, P50,000 moral damages, P30,000 exemplary damages and P25,000 temperate damages.
Costs against accused-appellant.
The confirmation of accused-appellant's confinement at the Bureau of Corrections on 07 December 2005 is NOTED.
SO ORDERED. VELASCO, JR., J. and LEONARDO-DE CASTRO, J., on official leave. BRION, J., Additional Member per S.O. No. 856 and ABAD. J., Additional Member per S.O. No. 869.
Very truly yours,
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
Endnotes:
[1] Penned by Presiding Judge Rodolfo R. Bonifacio. CA rollo, pp. 11-18.
[2] Decision dated December 7. 2007. Penned by Associate Justice Bienvenido L. Reyes and concurred in by Associate Justices Fernanda Lampas-Peralta and Apolinario D. Bruselas. Jr. of the Special Tenth Division of the Court of Appeals. Rollo, pp. 2-10.
[3] People of the Philippines v. Gutierrez, G.R. No. 188602, 04 February 2010.
