THIRD DIVISION
[G.R. No. 210429. June 16, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSE CEREZO y ANTENOR, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 16, 2014, which reads as follows:
"G.R. No. 210429 (People of the Philippines v. Jose Cerezo y Antenor). — The records of this case were elevated to this Court on January 7, 2014, pursuant to the Resolution of the Court of Appeals (CA), dated April 3, 2013, which gave due course to the Notice of Appeal filed by the accused-appellant, Jose Cerezo y Antenor.
The Court resolves to:
(1) NOTE the Letter, dated April 11, 2014, of P/Supt. I Fajardo R. Lansangan, Sr. Officer-in-Charge, New Bilibid Prison, Bureau of Corrections, Muntinlupa City, confirming the confinement of the accused-appellant therein since April 18, 2011;
(2) NOTE the Manifestation (In Lieu of Supplemental Brief), dated May 8, 2014, filed by the accused-appellant, stating that he would no longer file a supplemental brief as he was adopting the Appellant's Brief as his supplemental brief;
(3) NOTE the Manifestation, dated April 11, 2014, filed by the Office of the Solicitor General, stating that it was adopting its Brief for the Appellee, dated March 8, 2012, filed before the CA as its supplemental brief; and
(4) 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.
The February 20, 2013 Decision of the CA is affirmed with modification as to the award of damages. In addition to the actual damages of P30,000.00, the accused-appellant is ordered to pay the victim's heirs the amount of P75,000.00 as moral damages and P30,000.00 as exemplary damages. Also, the award of civil indemnity is increased from P50,000.00 to P75,000.00. ECaITc
WHEREFORE, the February 20, 2013 Decision of the Court of Appeals, in CA-G.R. CR-HC No. 04943, is AFFIRMED with MODIFICATION. Accused-appellant Jose Cerezo y Antenor is hereby declared guilty beyond reasonable doubt of the crime of Robbery with Homicide, and sentenced to suffer the penalty of reclusion perpetua, without eligibility for parole, and to pay the victim's heirs the following amounts: P30,000.00 as actual damages, P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P30,000.00 as exemplary damages. (Villarama, Jr., J., designated Acting Member in view of the vacancy in the Third Division, per Special Order No. 1691, dated May 22, 2014)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court