THIRD DIVISION
[G.R. No. 210618. June 30, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO B. ABIGAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated June 30, 2014, which reads as follows:
"G.R. No. 210618 (People of the Philippines v. Rolando B. Abigan). — The records of this case were elevated to this Court on January 23, 2014, pursuant to the Resolution of the Court of Appeals (CA), dated September 9, 2013, which gave due course to the notice of appeal filed by the accused-appellant, Rolando B. Abigan.
The Court resolves to:
(1) NOTE the Manifestation (In Lieu of Supplemental Brief), dated April 24, 2014, filed by the Office of the Solicitor General, stating that it had exhaustively addressed all the issues relevant to this case and that it was repleading and adopting the arguments in its Brief filed with the CA as Supplemental Brief;
(2) NOTE the Manifestation (In Lieu of Supplemental Brief), dated May 15, 2014, filed by the accused-appellant, stating that the filing of a supplemental brief would be a mere repetition of the arguments earlier raised considering that all relevant matters were already taken up in the previous pleadings and that they were adopting all the defenses and arguments raised in the Appellant's Brief; and
(3) DISMISS the appeal of the accused-appellant for his failure to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals in its June 25, 2013 Decision in CA-G.R. CR No. 34753, finding accused-appellant Rolando B. Abigan GUILTY beyond reasonable doubt of the crime of Murder, defined and penalized under Article 248 of the Revised Penal Code, as amended, and sentencing him to suffer the penalty of reclusion perpetua with accessory penalties provided by law, and to pay the heirs of the victim the amount of Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; Seventy-Five Thousand Pesos (P75,000.00) as moral damages; and Thirty Thousand Pesos (P30,000.00) as exemplary damages: (Peralta, J., designated Acting Chairperson, per Special Order No. 1407, Reyes, J., designated Acting Member, per Special Order No. 1704, both dated June 17, 2014, in view of the official trip of Associate Justice Presbitero J. Velasco, Jr., to Nairobi, Kenya to attend the Global Symposium on Environment Rule of Law; and Villarama, Jr., J., designated Acting Member in view of the vacancy in the Third Division, per Special Order No. 1691, dated May 22, 2014) ISTDAH
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court