PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. PEDRO PITAO, PACITA PITAO, ANDRES DODONG BANCALE, DEFENDANTS-APPELLANTS.
CONTRERAS, J.:
WHEREFORE, the assailed Decision dated April 29, 2011 of the Regional Trial Court, Branch 4 of Iligan City finding the accused-appellants guilty beyond reasonable doubt of the crime of Homicide in Criminal Case No. 2383 is AFFIRMED with MODIFICATION, as follows:
- Appellants shall suffer the indeterminate sentence of 10 years of prision mayor as minimum to 17 years of reclusion temporal as maximum;
- Appellants are ordered to pay jointly and severally the sum of P25,000.00 as temperate damages in lieu of actual damages;
- Appellants are ordered to pay jointly and severally the sum of P50,000.00 as moral damages and P30,000.00 as exemplary damages;
- The amount of P50,000.00 as civil indemnity and P30,000.00 as attorney’s fees remain; and,
- A 6% interest rate is imposed on all monetary awards for damages from date of finality of the decision until fully paid.
SO ORDERED.
The Office of the Solicitor General (OSG) duly filed a Comment on the Motion for Reconsideration.[4]
After an examination of appellant’s motion for reconsideration vis-a-vis the comment, this Court is convinced that the allegations in the motion for reconsideration are mere rehash of the arguments raised in the pleadings, which were already considered and passed upon in rendering the assailed decision. Appellant failed to raise new substantial matter nor present compelling reason to warrant a reversal of the assailed decision. Hence, the motion for reconsideration is hereby DENIED.
SO ORDERED.
Lloren, J., Ch., and Santos, JJ., concur.
[1] Rollo, pp. 134-140
[2] Rollo, pp. 119-130
[3] Rollo, p. 129
[4] Rollo, pp. 142-148