This is a criminal case, People of the Philippines vs. Chester Abello y Abello a.k.a. "Chester Abello y Jaravilla" (G.R. No. 244841, October 1, 2019), where the Supreme Court affirmed with modification the decision of the Court of Appeals finding the accused-appellant guilty of robbery with homicide. The Supreme Court dismissed the appeal for failure to show any reversible error in the assailed decision. However, it modified the award of damages in line with the prevailing jurisprudence. The accused-appellant was sentenced to reclusion perpetua and ordered to pay actual, civil indemnity, moral, and exemplary damages to the victim's heirs.
FIRST DIVISION
[G.R. No. 244841. October 1, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.CHESTER ABELLO y ABELLO A.K.A. "CHESTER ABELLO y JARAVILLA", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedOctober 1, 2019which reads as follows:
"G.R. No. 244841 (People of the Philippines v. Chester AbelloyAbello a.k.a. "Chester AbelloyJaravilla")
After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. However, in light of prevailing jurisprudence, particularly People v. Jugueta, 2 the Court deems it proper to modify the award of damages.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the September 27, 2018 Decision 3 of the CA in CA-G.R. CR-HC No. 08967 and AFFIRMS with MODIFICATION said Decision finding accused-appellant Chester Abello y Abello a.k.a. "Chester Abello y Jaravilla" GUILTY beyond reasonable doubt of the crime of Robbery with Homicide, defined and penalized under Article 294 (1) of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua and to pay the following amounts: (a) P63,143.00 as actual damages to Cristina Yambao-Alcantara; and (b) P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages to the heirs of Robelene Pongcol. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
The accused-appellant's manifestation in lieu of supplemental brief, pursuant to the Resolution dated June 3, 2019, stating that he will no longer file a supplemental brief since he had exhaustively argued all the relevant issues in his Appellant's Brief filed before the Court of Appeals; and the Office of the Solicitor General's manifestation in lieu of supplemental brief, pursuant to the Resolution dated June 3, 2019, stating that the filing of its supplemental brief is no longer needed as the arguments and issues raised in the Appellant's Brief had already been traversed and thoroughly discussed in the Appellee's Brief filed before the Court of Appeals and judiciously considered and passed upon in the appealed decision of the Court of Appeals, are both NOTED; and the Office of the Solicitor General is hereby required to SUBMIT within five (5) days from notice hereof, a soft copy in compact disc, USB or e-mail containing the PDF file of the signed manifestation in lieu of supplemental brief pursuant to A.M. Nos. 10-3-7-SC and 11-9-4-SC.
SO ORDERED."Zalameda, J., designated as Additional Member per Special Order No. 2712 dated September 27, 2019.Carandang, J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. See Notice of Appeal dated October 29, 2018; rollo, pp. 18-19.
2. 783 Phil. 806, 849 (2016).
3.Rollo, pp. 3-17. Penned by Associate Justice Stephen C. Cruz with Associate Justices Zenaida T. Galapate-Laguilles and Rafael Antonio M. Santos, concurring.