SECOND DIVISION
[G.R. No. 252250. January 18, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. RAMIL ARAZ y EBIDOR A.K.A. 'LAGONOY' AND WILSON FLORETA y MARTINEZ A.K.A. 'TATTOO', accused,
WILSON FLORETA y MARTINEZ A.K.A. 'TATTOO',accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated18 January 2021which reads as follows:
"G.R. No. 252250 (People of the Philippines v. Ramil Araz y Ebidor a.k.a. 'LAGONOY' and Wilson Floreta y Martinez a.k.a. 'TATTOO,' accused; Wilson Floreta y Martinez a.k.a. 'TATTOO,' accused-appellant) — The Court NOTES:
1. The letter dated October 28, 2020 of CTC Insp. Albert C. Manalo, Officer-In-Charge, Inmate Documents and Processing Division, Bureau of Corrections, Muntinlupa City, confirming the confinement of accused-appellant Wilson Floreta y Martinez a.k.a. 'Tattoo' at the said institution since August 14, 2015; and
2. The separate manifestations (in lieu of supplemental briefs) of the Public Attorney's Office dated November 19, 2020, and the Office of the Solicitor General dated December 9, 2020, adopting their respective briefs filed before the Court of Appeals as their supplemental briefs. TIADCc
After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the January 16, 2019 Decision 2 of the CA in CA-G.R. CR No. 07666 and AFFIRMS said Decision finding accused-appellant Wilson Floreta y Martinez a.k.a. 'Tattoo' GUILTY beyond reasonable doubt of the crime of Robbery with Homicide, as defined and penalized under Article 294 (1) 3 of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua and to pay the heirs of Gabriel Bartolome the following amounts: (a) P75,000.00 as civil indemnity for the death of the victim; (b) P75,000.00 as moral damages; (c) P75,000.00 as exemplary damages; and (d) P50,000.00 as temperate damages in lieu of actual damages. All monetary awards shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment. cSEDTC
SO ORDERED. (Rosario, J., designated additional member per Special Order No. 2797 dated November 5, 2020; on official leave)."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, pp. 17-19.
2.Id. at 3-16. Penned by Associate Justice Maria Elisa Sempio Diy with Associate Justices Jane Aurora Lantion and Perpetua T. Atal-Paño, concurring.
3. Article 294. Robbery with Violence Against or Intimidation of Persons — Penalties. — Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:
1. The penalty of reclusión perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed[.] x x x