THIRD DIVISION
[G.R. No. 200950. August 11, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LUCRESIO JAMIS Y CASERES AND BERLING WABE, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated August 11, 2014, which reads as follows:
"G.R. No. 200950 (People of the Philippines v. Lucresio Jamis y Caseres and Berling Wabe, accused-appellants; Lupe Jamis [acquitted] and Fredo Elarmo [at large]). — Pursuant to the Court of Appeals resolution dated October 19, 2011, 1 the records of this case were elevated to this court on March 19, 2012. The resolution gave due course to the notice of appeal filed by accused-appellants Lucresio Jamis and Berling Wabe.
On July 10, 2013, the court noted both parties' manifestation 2 that they would no longer file supplemental briefs.
After a perusal of the records of the case, this court resolves to DISMISS the appeal of the accused-appellants for their failure to show reversible error in the challenged decision warranting the exercise of the court's appellate jurisdiction.
WHEREFORE, this court ADOPTS the findings of fact and conclusions of law of the Court of Appeals in its September 30, 2011 decision 3 in CA-G.R. CR-H.C. No. 00828-MIN, which affirmed in toto the decision of the Regional Trial Court:
1) finding accused-appellant Berling Wabe GUILTY beyond reasonable doubt of the crime of robbery defined under Article 299 (a) of the Revised Penal Code and sentencing him to suffer the indeterminate prison term of four (4) years of prision correccional as minimum to nine (9) years of prision mayor as maximum with the accessory penalties provided by law, and to indemnify private complainant Leonarda Mabao the amount of P2,500, representing the amount taken from her during the robbery; and
2) finding accused-appellants Berling Wabe and Lucresio Jamis GUILTY beyond reasonable doubt of the crime of murder under Article 248 of the Revised Penal Code and sentencing them to suffer the penalty of reclusion perpetua without eligibility for parole, and to pay private complainant Leonarda Mabao jointly and severally the sum of P75,000 as civil indemnity ex delicto for the death of Seforo Mabao, P75,000 as moral damages, P25,000 as temperate damages and P30,000 as exemplary damages. 4
(Villarama, Jr., J., designated Acting Member per Special Order No. 1691 dated May 22, 2014, in view of the vacancy in the Third Division.)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Rollo, p. 24.
2. Id. at 33-35 and 37.
3. Id. at 3-20.
4. CA rollo, p. 40.