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~upreme Qtourt
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FIRST DIVISION

NOTICE

Sirs/Mesdames:
Please take notice that the Court, First Division, issued a
Resolution dated August 7, 2019 which reads as follows:

"G.R. No. 224582 (People of the Philippines v. Fernando

Ramil and Abdullah Abucay, accused; Fernando Ramil, accused-
appellant)

After review of the records, the Court resolves to DISMISS the

appeal for failure to sufficiently show that the Court of Appeals (CA)
committed any reversible error in its assailed December 4, 2015
Decision as to warrant the exercise of the Court's appellate
jurisdiction.

The prosecution was successful in proving the fact that

appellant Fernando Ramil committed the crime of Murder, as
ineluctably established by the testimony of an eyewitness, which
convinced not only the trial court but also the CA. There being no .
reason for the Court to reverse the findings of both the Regional Trial
Court and CA, their rulings should be upheld. Treachery was also
definitively shown. There is treachery when the victim is
unexpectedly shot from behind, at close range, and without any
opportunity to defend himself.

While the Court agrees with the guilty verdict, modifications

have to be made on the penalty imposed. There being no aggravating
circumstance, the penalty should be reclusion perpetua. As regards
the damages, the amount of moral and exemplary damages should be
increased to P75,000.00 each, in accordance with the pronouncement
in People of the Philippines v. Jugueta. 1 The actual damages in the
amount of PS0,000.00 is maintained. Further, all damages awarded
shall earn annual interest at the rate of six percent (6%) from date of
finality of this judgment until fully paid.
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1
783 Phil. 806, 848 (2016).

l
 RESOLUTION 2 G.R. No. 224582
August 7, 2019

WHEREFORE, the Decision dated December 4, 2015 of the

Court of Appeals in CA-G.R. CR-HC No. 01050-MIN is
AFFIRMED with MODIFICATION. Fernando Ramil is found
GUILTY beyond reasonable doubt of the crime of Murder and is
hereby sentenced to suffer the penalty of reclusion perpetua and to
pay the heirs of PO2 Ricardo M. Chapa the amounts of P75,000.00 as
civil indemnity, P50,000.00 as actual damages, P75,000.00 as moral
damages, and P75,000.00 as exemplary damages. All monetary
awards for damages shall earn interest at the legal rate of six percent
(6%) per annum from the date of finality of this Resolution.

SO ORDERED." Reyes, Jr., A. B., J., additional member vice

Jardeleza, J.

Very truly yours,

LIB ')
C. B U ENAtii
Clerk of Court t ·1
154

The Solicitor General Court of Appeals

134 Amorsolo Street, Legaspi Village 9000 Cagayan de Oro City
1229 Makati City (CA-G.R. CR HC No. 01050-MIN)

The Hon. Presiding Judge

Regional Trial Court, Branch 21
Kapatagan, 9214 Lanao del Norte
(Crim. Case No. 21-797)

Public Information Office (x) PUBLIC ATTORNEY'S OFFICE

Library Services (x) Regional Special and Appealed Cases Unit
Supreme Court Counsel for Accused-Appellant
(For uploading pursuant to A.M. BJS Building, Tiano Bros cor. San Agustin
No. 12-7-1-SC) Streets, 9000 Cagayan de Oro City

Judgment Division (x) Mr. Fernando Ramil

Supreme Court Accused-Appellant
c/o The Superintendent
Davao Prison and Penal Farm
B.E. Dujali, 8105 Davao del Norte

The Superintendent
Davao Prison and Penal Farm
B.E. Dujali, 8105 Davao del Norte

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