SECOND DIVISION
[G.R. No. 241635. January 21, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. JEFFERSON ABIANG Y ABINGUAR, EDWIN GUTLADERA Y TUMBACON, JOHNNY MAR OLARTE Y LAYNO, AND DIRKBRODIE GARCIA Y GALANG, accused, EDWIN GUTLADERA Y TUMBACON, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated21 January 2019which reads as follows:
"G.R. No. 241635 (People of the Philippines v. Jefferson Abiang y Abinguar, Edwin Gutladera y Tumbacon, Johnny Mar Olarte y Layno, and Dirkbrodie1Garcia y Galang, Accused; Edwin Gutladera y Tumbacon, Accused-appellant)
After a judicious study of the case, the Court resolves to DISMISS the appeal 2 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the October 9, 2017 Decision 3 of the CA in CA-G.R. CR.-H.C. No. 06084 and AFFIRMS said Decision finding accused-appellant Edwin Gutladera y Tumbacon GUILTY beyond reasonable doubt of the crime of Murder, defined and penalized under Article 248 (1) of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua, and to pay the heirs of the victim Norman Evangelista y Biglang-awa the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; (c) P75,000.00 as exemplary damages; and (d) P50,000.00 as temperate damages. Moreover, all monetary awards shall earn legal interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED." (HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA A. TUAZONDeputy Division Clerk of Court
Footnotes
1. "Dirk Brodie" in the records. See rollo, p. 15.
2. See Notice of Appeal dated October 23, 2017; id. at 15-16.
3.Id. at 2-14. Penned by Associate Justice Myra V. Garcia-Fernandez with Associate Justices Romeo F. Barza (now CA Presiding Justice) and Pablito A. Perez, concurring.