G.R. No. 229823 - PEOPLE OF THE PHILIPPINES, V. ROGER ACABO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, after considering all evidences, the Court finds accused ROGER ACABO, GUILTY beyond reasonable doubt of the crime of MURDER and is hereby sentenced to suffer the penalty of Reclusion Perpetua with accessory penalties provided by law; and the accused is also ordered to pay the heirs of the deceased victim, the following sums: 1) Seventy-five Thousand Pesos (P75,000.00) as civil indemnity ex delicto; 2) Funeral expenses in the amount of Thirty Three Thousand Pesos Php.33,000.00 (Php.560.00 per month x 60 payments); 3) Fifty Thousand Pesos (P50,000.00) as moral damages; 4) Fifty Thousand Pesos (P50,000.00) as exemplary damages; and 5) Sixty Thousand Pesos (P60,000.00) as temperate damages. [35] Ruling of the Court of Appeals On appeal, the CA agreed with the RTC that appellant killed Alberto with treachery. Like the RTC, the CA gave full credence to Josephine's categorical, spontaneous, and straightforward testimony that clearly narrated the killing of Alberto and positively identified appellant as the assailant vis-­a-vis appellant's weak defenses of alibi and denial. While the CA was doubtful whether the aggravating circumstance of abuse of superior strength attended the killing, it found that treachery qualified the killing to murder. The CA, however, modified the monetary awards granted. It increased the award of moral damages from P50,000.00 to P75,000.00; decreased the amount of exemplary damages from P50,000.00 to P30,000.00; and deleted the award of temperate damages considering that the trial court had already awarded P33,000.00 as funeral expenses representing actual damages. The dispositive portion of the CA Decision reads: WHEREFORE, the instant appeal is DENIED. The assailed 22 June 2015 Judgment of Branch 32 of the Regional Trial Court of Dumaguete City in Crim. Case No. 2015-22724 is hereby AFFIRMED with MODIFICATION. Moral damages awarded to the heirs of Alberto Paltingca is INCREASED to P75,000.00, while exemplary damages is DECREASED to P30,000.00. The award of civil indemnity ex delicto in the amount of P75,000.00 and the award of funeral expenses in the amount of P33,000.00 are RETAINED. The grant of temperate damages is DELETED. The aggregate amount of the monetary awards stated herein shall earn interest at the rate of six percent (6%) per annum from the finality of this Decision until the same is fully paid. SO ORDERED.