THIRD DIVISION
[G.R. No. 233537. February 13, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. VIRGILIO ABADIA y ANDALES, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedFebruary 13, 2019, which reads as follows:
"G.R. No. 233537 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee, v. VIRGILIO ABADIA Y ANDALES, accused-appellant). — The Court of Appeals elevated the records of this case to this Court in compliance with its May 2, 2017 Resolution, 1 which gave due course to the Notice of Appeal filed by accused-appellant Virgilio A. Abadia.
In its November 6, 2017 Resolution, 2 this Court noted the records of this case forwarded by the Court of Appeals and informed the parties that they may file their supplemental briefs.
In its March 5, 2018 Resolution, 3 this Court noted the Manifestations filed by accused-appellant 4 and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, 5 stating that they would no longer file supplemental briefs.
After an evaluation of the records of this case, this Court resolves to DISMISS the appeal of accused-appellant for his failure to sufficiently show any reversible error in the assailed Court of Appeals February 27, 2017 Decision, 6 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, this Court adopts the findings of fact and conclusions of law of the Court of Appeals in CA-G.R. CR-HC No. 07386 and affirms the finding of guilt for the crime of robbery with rape under Article 294 (1) of the Revised Penal Code.
Accused-appellant Virgilio Abadia y Andales shall serve the penalty of imprisonment of reclusion perpetua and pay: (1) One Hundred Thousand Pesos (P100,000.00) to indemnify the victim; (2) One Hundred Thousand Pesos (P100,000.00) as moral damages; (3) One Hundred Thousand Pesos (P100,000.00) as exemplary damages; and (4) the costs of suit. 7 He is further ordered to return the Nokia 6020 cellphone, Six Hundred Pesos (P600.00) in cash, a Nine West gold watch, and the identification cards enumerated in the Information, 8 or pay the amount of Twenty-Nine Thousand Six Hundred Pesos (P29,600.00).
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until its full satisfaction. 9
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 19.
2.Id. at 21-22.
3.Id. at 36-37.
4.Id. at 23-27.
5.Id. at 28-32.
6.Id. at 2-14. The Decision was penned by Associate Justice Japar B. Dimaampao and concurred in by Associate Justices Franchito N. Diamante and Carmelita Salandanan-Manahan of the Eighth Division, Court of Appeals, Manila.
7.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
8.Rollo, p. 3.
9.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].