THIRD DIVISION
[G.R. No. 238402. February 10, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JOSEPH BELTRAN y VILLELA, TYRONNE KENNEDY TERBIO, and CARL DACTIL DE GUZMAN, accused,
CARL DACTIL DE GUZMAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedFebruary 10, 2020, which reads as follows:
"G.R. No. 238402 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. JOSEPH BELTRAN y VILLELA, TYRONNE KENNEDY TERBIO, and CARL DACTIL DE GUZMAN, accused; CARL DACTIL DE GUZMAN, accused-appellant). — The Court of Appeals elevated the records of this case to this Court pursuant to its November 27, 2017 Resolution, 1 which gave due course to the Notice of Appeal filed by accused-appellant Carl Dactil De Guzman.
In its June 4, 2018 Resolution, 2 this Court noted the records of this case forwarded by the Court of Appeals and informed the parties that they may file their supplemental briefs.
Both parties have filed separate Manifestations indicating that they would no longer file supplemental briefs. 3 HCSAIa
After an evaluation of the records of this case, this Court resolves to DISMISS the Appeal of accused-appellant for his failure to sufficiently show reversible error in the assailed Court of Appeals September 28, 2017 Decision in CA-G.R. CR-HC No. 08498 4 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, this Court AFFIRMS with MODIFICATION the September 28, 2017 Decision of the Court of Appeals in CA G.R. No. CR-HC No. 08498. Accused-appellant Carl Dactil De Guzman is found GUILTY beyond reasonable doubt of robbery with homicide and is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole under Republic Act No. 9346. He is ordered to pay the heirs of Ray Bernard Peñaranda the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. 5
All monetary awards for damages shall earn the legal interest rate of six percent (6%) per annum from the date of the finality of this Resolution until fully paid. 6 ACcaET
SO ORDERED."
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, p. 20.
2.Id. at 22-23.
3.Id. at 26-27, 30-32.
4.Id. at 2-15. The Decision dated September 28, 2017 was penned by Associate Justice Mario V. Lopez, and concurred in by Associate Justice Remedios A. Salazar-Fernando and Associate Justice Ramon Paul L. Hernando of the Court of Appeals, First Division, Manila.
5.People v. Jugueta, G.R. No. 202124, April 5, 2016 [Per J. Peralta, En Banc].
6.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].