THIRD DIVISION
[G.R. No. 233333. March 25, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JOHN IRISH DAAN, ISMAEL SECRETARIA ALIAS JUNJUN, PETER DOE AND JOHN DOE [WHOSE TRUE NAMES ARE NOT KNOWN]; ISMAEL SECRETARIA ALIAS JUNJUN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedMarch 25, 2019, which reads as follows:
"G.R. No. 233333 (People of the Philippines v. John Irish Daan, Ismael Secretaria alias Junjun, Peter Doe and John Doe [whose true names are not known]; Ismael Secretaria alias Junjun, accused-appellant). — Considering the allegations, issues and arguments raised in the Appellant's and the Appellee's Briefs, which they adopted instead of filing their Supplemental Briefs, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated December 13, 2016 in CA-G.R. CEB CR-HC No. 01453, as to warrant the exercise of the Court's appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings of fact and conclusions of law in the Court of Appeals Decision dated December 13, 2016 in CA-G.R. CEB CR-HC No. 01453, and AFFIRMS the said Decision, finding accused-appellant Ismael Secretaria alias Junjun guilty beyond reasonable doubt of the crime of Robbery with Homicide, with MODIFICATION sentencing him to suffer the penalty of reclusion perpetua, and ordering him to pay the heirs of SPO2 Teofanes D. Castro the following amounts, aside from the award of civil indemnity and moral damages in the amount of Seventy-Five Thousand Pesos (P75,000.00) each, in line with People v. Jugueta: 1 (a) P75,000.00 as exemplary damages; and (b) Fifty Thousand Pesos (P50,000.00) as temperate damages. ETHIDa
All monetary awards of damages shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid.
SO ORDERED." (Leonen, J., on wellness leave)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. 783 Phil. 806 (2016).