G.R. No. 197540 - PEOPLE OF THE PHILIPPINES, VS. DINNES OLASO AND ROLLY ANGELIO, ACCUSED. ROLLY ANGELIO.R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, we find that the records amply support with moral certainty the appellants guilt for the crime of murder. Article 248 of the Revised Penal Code ( Code ), as amended, provides: [a]ny person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua , to death if committed with any of the following attendant circumstances: 1. With treachery x x x. Murder was committed, considering the use of treachery in a killing that does not fall within the definition of parricide under Article 246 of the Code. Thus, the RTC and the CA correctly imposed the penalty of reclusion perpetua on the appellant, absent any attendant mitigating or aggravating circumstances. [23] In this regard, we also uphold the CAs award of P50,000.00 as moral damages for the death of the victim. [24] However, we modify the other awards given by the CA to conform to prevailing jurisprudence. First, the award of civil indemnity is reduced from P75,000.00 to P50,000.00. We held in People of the Philippines v. David Maningding [25] that when the circumstances surrounding the crime call for the imposition of reclusion perpetua only, the proper amount should be P50,000.00 as civil indemnity. Second, we increase the award of temperate damages from P25,000.00 to P30,000.00 in accordance with current jurisprudence. [26] And lastly, we increase the award of exemplary damages from P25,000.00 to P30,000.00 since the killing was attended with treachery. [27] WHEREFORE , we AFFIRM the decision dated February 24, 2011 of the Court of Appeals in CA-G.R. CR HC No. 03770 finding appellant Rolly Angelio guilty beyond reasonable doubt of murder. We MODIFY the awards of damages in that appellant Rolly Angelio is ORDERED to PAY the heirs of the victim Narciso Patingo the following amounts: 1) P50,000.00 as civil indemnity; 2) P50,000.00 as moral damages; 3) P30,000.00 as temperate damages; and 4) P30,000.00 as exemplary damages. SO ORDERED.