SECOND DIVISION
[G.R. No. 243636. July 1, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ANTHONY BALUYA y MARTINEZ, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated01 July 2019which reads as follows:
"G.R. No. 243636 (People of the Philippines v. Anthony Baluya y Martinez)
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 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 March 20, 2018 Decision 2 of the CA in CA-G.R. CR-HC No. 08930 and AFFIRMS with MODIFICATION said Decision finding accused-appellant Anthony Baluya y Martinez GUILTY beyond reasonable doubt of the crime of Murder, 3 defined and penalized under Article 248 of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua, and to pay the heirs of the victim Rito Javier 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) P81,850.00 as actual damages. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment. HTcADC
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated April 10, 2018; rollo, pp. 13-15.
2.Id. at 2-12. Penned by Associate Justice Rodil V. Zalameda with Associate Justices Magdangal M. De Leon and Renato C. Francisco, concurring.
3. The elements of Murder are the following: (a) that a person was killed; (b) that the accused killed him; (c) that the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code; and (a) that the killing is not parricide or infanticide. (See People v. Aquino, G.R. No. 203435, April 11, 2018.)