SECOND DIVISION
[G.R. No. 235720. June 18, 2018.]
DENNIS NO y ALBIA, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated18 June 2018which reads as follows: ICHDca
"G.R. No. 235720 — Dennis No y Albia versus People of the Philippines
After reviewing the Petition and its annexes, inclusive of the Court of Appeals' (CA) Decision 1 dated August 30, 2017 and Resolution 2 dated October 27, 2017 in CA-G.R. CR No. 37499, and the Regional Trial Court's (RTC) Judgment 3 dated February 25, 2015 in Criminal Case No. IR-8753, the Court resolves to DENY the Petition for failure of petitioner to sufficiently show that the CA committed any reversible error in the challenged Decision and Resolution as to warrant the exercise of this Court's discretionary appellate jurisdiction.
The factual findings of the CA and the RTC are that: (1) petitioner killed Alvin Albesa (Alvin) by stabbing the latter in the abdomen; (2) the killing was made without any justifying circumstance; (3) petitioner had the intent to kill, which is presumed; (4) there is no evidence or allegation that the killing was attended by any circumstance which would qualify it as Murder, Parricide or Infanticide; (5) immediately after the stabbing, Alvin had relayed to his mother, Letecia Albesa, and to Oscar Salvadora, that "Balut" 4 fatally stabbed him in the abdomen; (6) considering the severity of the injury (i.e., severe bleeding and protruding intestines), Alvin knew that his death would be imminent, and he eventually succumbed to his injuries; (7) petitioner's mother, Gilda No, confirmed that petitioner is known as "Balut" in their neighborhood; and (8) Erwin Perez also positively identified petitioner as the perpetrator and demonstrated in open court how petitioner stabbed Alvin (i.e., by using the right hand in making a crisscross act and making one center thrust from below the waistline towards the location below the arm of the court interpreter, who acted as Alvin), causing the latter's death. Thus, all of the elements of Homicide under Article 249 of the Revised Penal Code were present, and both courts were correct in admitting and appreciating Alvin's dying declaration, as well as Erwin Perez's and Gilda No's testimonies as evidence in identifying petitioner as the perpetrator of the said offense, making petitioner's conviction proper in this case. TCAScE
SO ORDERED."PERALTA, J., no part; GESMUNDO, J., designated additional Member per Raffle dated February 12, 2018.
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 37-53. Penned by Associate Justice Carmelita Salandanan Manahan, with Associate Justices Fernanda Lampas Peralta and Elihu A. Ybañez concurring.
2.Id. at 55-56.
3.Id. at 78-85. Penned by Presiding Judge Manuel M. Rosales, RTC, Branch 34, Iriga City.
4. Also spelled as "Balot" in other parts of the rollo.