FIRST DIVISION
[G.R. No. 248242. July 28, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLLY BORREO y MERCADO ALIAS "LEBOY BORREO",accused-appellant.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, First Division, issued a Resolution datedJuly 28, 2021which reads as follows:
"G.R. No. 248242 (People of the Philippines, plaintiff-appellee, v. Rolly Borreo y Mercado alias "Leboy Borreo," accused-appellant).
On September 26, 2002, Rolly Borreo y Mercado alias "Leboy Borreo," (accused-appellant) was indicted for the crime of murder in an Information, 1 the accusatory portion of which states:
That on or about 21st day of March 2001 in Barangay Poblacion Uno, Municipality of Real, Province of Quezon, Philippines, within the jurisdiction of this Honorable Court, the above-named accused, armed with a hand gun, with the presence of qualifying circumstances of treachery and abuse of superior strength, did then and there unlawfully, willfully and feloniously shot one GENCHAEL GALIZ on his stomach with the use of said hand gun, thereby inflicting upon the latter [a] fatal gunshot wound on his stomach which caused his instantaneous death.
CONTRARY TO LAW. 2
Initially, accused-appellant remained at large. Hence, the trial court ordered the case to be archived and an alias warrant for his arrest was issued on March 24, 2003. On March 22, 2012, accused-appellant was arrested, thus, the trial court issued its March 29, 2012 Order 3 reviving the case from the archives. During his arraignment, accused-appellant pleaded not guilty to the offense charged. After pre-trial, trial on the merits ensued. 4 HTcADC
Considering the allegations, issues, and arguments presented in accused-appellant's appeal brief and the appellee's brief, before the Court of Appeals, which he adopted instead of filing his supplementary appeal brief, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed March 28, 2019 Decision 5 finding accused-appellant guilty of the crime of murder.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the March 28, 2019 Decision of the Court of Appeals in CA-G.R. CR-HC No. 10160 and AFFIRMS said decision finding accused-appellant Rolly Borreo y Mercado alias "Leboy Borreo" guilty beyond reasonable doubt of the crime of Murder defined under Article 248 of the Revised Penal Code, as amended. Accused-appellant is hereby SENTENCED to suffer the penalty of reclusion perpetua. He is ORDERED to PAY the victim's heirs: (1) civil indemnity in the amount of P75,000.00; (2) moral damages in the amount of P75,000.00; (3) exemplary damages in the amount of P75,000.00; and (4) temperate damages in the amount of P50,000.00. Moreover, all damages awarded shall earn interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
by:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1. Records, p. 19.
2.Rollo, p. 4.
3. Records, p. 3.
4.Rollo, p. 4.
5.Id. at 3-18; penned by Associate Justice Edwin D. Sorongon, with Associate Justices Sesinando E. Villon and Germano Francisco D. Legaspi, concurring.