G.R. No. 239777 - PEOPLE OF THE PHILIPPINES, VS. JULIAN SILVEDERIO III Y JAVELOSA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, applying A.M. No. 15-08-02-SC, as afore-quoted, there is no more need to append the phrase "without eligibility for parole" in the penalty of reclusion perpetua that was imposed by the RTC. The distinction is also crucial in the determination of the proper amount of civil indemnity and damages to be awarded. The CA in this case imposed the following amounts: P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, all with interest at the rate of 6% per annum from the finality of judgment until full payment. As stated in People v. Jugueta , [46] these amounts are imposed where the penalty is death but reduced to reclusion perpetua because of RA 9346. Since the penalty imposed in this case is reclusion perpetua only, the proper amounts are as follows: P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. In addition, temperate damages in the amount of P50,000.00 shall be awarded in favor of the heirs of the victim; this amount is imposed upon accused-appellant since no documentary evidence of burial or funeral expenses was presented in court. [47] In addition, the civil indemnity, moral damages, exemplary damages, and temperate damages payable by accused-appellant are subject to interest at the rate of 6% per annum from the finality of this Decision until fully paid. [48] WHEREFORE , the appeal is DENIED . The Decision dated January 19, 2018 of the Court of Appeals in CA-G.R. CR-HC No. 02344 is AFFIRMED with MODIFICATION . Accused-appeilant Julian Silvederio III y Javelosa is found GUILTY of the crime of Murder defined and punished under Article 248 of the Revised Penal Code, as amended by Republic Act No. 7659, and is sentenced to suffer the penalty of reclusion perpetua . He is ORDERED to PAY the heirs of Glenn N. Lasafin the following amounts: P75,000.00 as civil indemnity, P75,000.00 as moral damages, P75,000.00 as exemplary damages, and P50,000.00 as temperate damages. All the monetary awards are subject to interest at the rate of 6% per annum from the date of finality of this Decision until full payment. SO ORDERED.