June 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 182055 : June 23, 2010] PEOPLE OF THE PHILIPPINES V. ORLY NABIA AND GEORGE MARCIALES:
[G.R. No. 182055 : June 23, 2010]
PEOPLE OF THE PHILIPPINES V. ORLY NABIA AND GEORGE MARCIALES
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 23 June 2010, which reads as follows:
G.R. No. 182055 (People of the Philippines v. Orly Nabia and George Marciales) - Considering the allegations, issues and arguments presented in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated July 18, 2007 as to warrant the exercise of the Court's appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the Decision dated July 18, 2007 of the Court of Appeals in CA-G.R. CR-H.C. No. 01829 and AFFIRMS said Decision finding appellants Orly Nabia and George Marciales guilty beyond reasonable doubt of the crime of Robbery with homicide, sentencing them to suffer the penalty of Reclusion Perpetua and to pay: the heirs of Felix Regencia P130,500.00 as actual damages, P50,000.00 as death indemnity, P50,000.00 as moral damages and P2,214,000.00 for unearned income; the heirs of Alexander Diaz P50,000.00 as death indemnity, P50,000.00 as moral damages and P1,774,080.00 for unearned income; and the heirs of Byron Dimalutac P50,000.00 as death indemnity, P50,000.00 as moral damages and P966,240.00 for unearned income, with MODIFICATION in the award of temperate damages to the heirs of Alexander Diaz and Byron Dimalutac increasing the same from P20,000.00 to P25,000.00 in view of recent jurisprudence.
SO ORDERED.
G.R. No. 182055 (People of the Philippines v. Orly Nabia and George Marciales) - Considering the allegations, issues and arguments presented in the appeal, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated July 18, 2007 as to warrant the exercise of the Court's appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings and conclusions of law in the Decision dated July 18, 2007 of the Court of Appeals in CA-G.R. CR-H.C. No. 01829 and AFFIRMS said Decision finding appellants Orly Nabia and George Marciales guilty beyond reasonable doubt of the crime of Robbery with homicide, sentencing them to suffer the penalty of Reclusion Perpetua and to pay: the heirs of Felix Regencia P130,500.00 as actual damages, P50,000.00 as death indemnity, P50,000.00 as moral damages and P2,214,000.00 for unearned income; the heirs of Alexander Diaz P50,000.00 as death indemnity, P50,000.00 as moral damages and P1,774,080.00 for unearned income; and the heirs of Byron Dimalutac P50,000.00 as death indemnity, P50,000.00 as moral damages and P966,240.00 for unearned income, with MODIFICATION in the award of temperate damages to the heirs of Alexander Diaz and Byron Dimalutac increasing the same from P20,000.00 to P25,000.00 in view of recent jurisprudence.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court