THIRD DIVISION
[G.R. No. 208649. February 5, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GIRANY ENRIQUEZ, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 5, 2014, which reads as follows:
"G.R. No. 208649 (People of the Philippines v. Girany Enriquez). — The letter dated November 28, 2013 of PIS Gerardo F. Padilla, officer-in-charge, Davao Prison and Penal Farm, B. E. Dujali, Davao del Norte, confirming the confinement therein of accused-appellant since August 19, 2010 is NOTED.
The records of this case were elevated to this Court on September 10, 2013, pursuant to the Resolution of the Court of Appeals (CA), dated July 16, 2013, which gave due course to the notice of appeal filed by the accused-appellant, Girany Enriquez.
In compliance with the Court's Resolution, dated October 9, 2013, accused-appellant Girany Enriquez and the Office of the Solicitor General filed their respective manifestations stating that they were no longer filing their supplemental briefs with this Court; and that they were adopting all the allegations, issues and arguments adduced in their respective briefs filed before the CA.
After a perusal of the records of the case, the Court resolves to 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. Thus, the May 30, 2013 Decision of the CA is affirmed with modification that the civil indemnity and moral damages are increased from Fifty Thousand Pesos (P50,000.00) to Seventy-Five Thousand Pesos (P75,000.00) 1 and temperate damages in the amount of Twenty-Five Thousand Pesos (P25,000.00) be awarded in lieu of actual damages in line with jurisprudence. 2
WHEREFORE, the Court ADOPTS the findings and facts and conclusions of law of the Court of Appeals in its May 30, 2013 Decision in CA-G.R. CR-HC No. 00796-MIN, finding accused-appellant Girany Enriquez GUILTY beyond reasonable doubt of the crime of Murder, as defined and penalized under Article 248 of the Revised Penal Code, as amended, and sentencing him to suffer the penalty of reclusion perpetua with accessory penalties provided by law, and to pay the heirs of the victim the amount of Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; Seventy-Five Thousand Pesos (P75,000.00) as moral damages; Thirty Thousand Pesos (P30,000.00) as exemplary damages; and Twenty-Five Thousand Pesos (P25,000.00) as temperate damages. cHSTEA
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. People of the Philippines v. Dela Cruz, G.R. No. 184792, October 12, 2009.
2. People of the Philippines v. Agacer, G.R. No. 177751, December 14, 2011.