SECOND DIVISION
[G.R. No. 249850. June 29, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. GILMAR AGUILAR y LUTAO, accused-appellant.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated29 June 2020which reads as follows:
"G.R. No. 249850 (People of the Philippines v. Gilmar Aguilar y Lutao). — After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its 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 April 24, 2019 Decision 2 of the CA in CA-G.R. CR-HC No. 09958 and AFFIRMS said Decision finding accused-appellant Gilmar Aguilar y Lutao (accused-appellant) GUILTY beyond reasonable doubt of the crimes of Murder and Frustrated Homicide, defined and penalized under Article 248 of the Revised Penal Code (RPC) and Article 249, in relation to Article 6 of the RPC, respectively. Accordingly, he is sentenced as follows: (a) in Criminal Case No. Q-09-160424, for the crime of Murder, accused-appellant is sentenced to suffer the penalty of reclusion perpetua and to pay the heirs of Arturo King Escolano y Florano the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, P75,000.00 as exemplary damages, and P52,535.00 as actual damages, plus cost of suit; and (b) in Criminal Case No. Q-09-160425, for the crime of Frustrated Homicide, accused-appellant is sentenced to suffer the penalty of imprisonment for an indeterminate period of four (4) years and two (2) months of prision correccional, as minimum, to ten (10) years of prision mayor medium, as maximum, and to pay Lydia Escolano y Florano the amounts of P30,000.00 as civil indemnity, P30,000.00 as moral damages, and P25,000.00 as temperate damages. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date the finality of this Resolution until full payment.
SO ORDERED. (Gaerlan, J., designated Additional Member per Special Order No. 2780 dated May 11, 2020. Reyes, J., Jr., J., designated Additional Member vice Inting, J.)"
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated May 21, 2019; rollo, pp. 21-22.
2.Id. at 3-20. Penned by Associate Justice Rodil V. Zalameda (now a member of this Court) with Associate Justices Fernanda Lampas Peralta and Henri Jean Paul B. Inting (now a member of this Court), concurring.