THIRD DIVISION
[G.R. No. 238595. January 30, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. VERGEL MALABANAN y INMENZO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated January 30, 2019, which reads as follows:
"G.R. No. 238595: (PEOPLE OF THE PHILIPPINES, plaintiff-appellee, v. VERGEL MALABANAN Y INMENZO, accused-appellant). — The Court of Appeals elevated the records of this case to this Court in compliance with its November 2, 2017 Resolution, 1 which gave due course to the Notice of Appeal filed by accused-appellant Vergel I. Malabanan.
In its June 4, 2018 Resolution, 2 this Court noted the records forwarded by the Court of Appeals, and informed accused-appellant and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, that they may file their supplemental briefs.
In its September 19, 2018 Resolution, 3 this Court noted the Manifestations filed by plaintiff-appellee and accused-appellant, stating that they will no longer file supplemental briefs.
After an evaluation of the records of the case, this Court resolves to DISMISS the appeal of accused-appellant for his failure to sufficiently show any reversible error in the challenged Court of Appeals September 15, 2017 Decision, 4 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Regional Trial Court and the Court of Appeals. The Court of Appeals September 15, 2017 Decision in CA-G.R. CR-HC No. 07844 is AFFIRMED with MODIFICATION. This Court finds accused-appellant Vergel Malabanan y Inmenzo guilty beyond reasonable doubt of the crime of robbery with homicide. He is ordered to pay the heirs of the victim: (1) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; (2) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages; (3) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; and (4) Eighty-Three Thousand Six Hundred Seventy Pesos and Ninety-Five Centavos (P83,670.95) as actual damages. 5
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until fully paid. 6
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 19-20.
3.Id. at 29-30.
4.Id. at 2-13. The Decision was penned by Associate Justice Jane Aurora C. Lantion and concurred in by Associate Justices Jose C. Reyes, Jr. (now a member of this Court) and Victoria Isabel A. Paredes of the Third Division, Court of Appeals, Manila.
5.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
6.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].