THIRD DIVISION
[G.R. No. 234042. April 3, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JAIME MARQUEZ y ATIENZA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated April 3, 2019, which reads as follows:
"G.R. No. 234042 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. JAIME MARQUEZ y ATIENZA, accused-appellant). — On September 28, 2017, 1 the Court of Appeals elevated the records of this case to this Court in accordance with its March 20, 2017 Resolution, 2 which gave due course to the Notice of Appeal 3 filed by accused-appellant Jaime Marquez y Atienza.
In its December 13, 2017 Resolution, 4 this Court noted the records of this case forwarded by the Court of Appeals and required accused-appellant and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, to file their respective supplemental briefs.
In its April 25, 2018 Resolution, 5 this Court noted the separate manifestations filed by plaintiff-appellee 6 and accused-appellant, 7 stating that they would no longer file supplemental briefs and that accused-appellant would adopt his appellant's brief as his supplemental brief.
After an evaluation of the case records, this Court resolves to DISMISS the appeal of accused-appellant for his failure to sufficiently show any reversible error in the assailed Court of Appeals February 14, 2017 Decision, 8 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, the findings of fact and conclusions of law in the Court of Appeals February 14, 2017 Decision in CA-G.R. CR HC No. 08037 are AFFIRMED. Accused-appellant Jaime Marquez y Atienza is found GUILTY beyond reasonable doubt of murder, as punished under Article 248 of the Revised Penal Code. He is sentenced to suffer the penalty of reclusion perpetua.
Accused-appellant is further DIRECTED to pay the heirs of the victim, Nestor Pajel y Catapang: (1) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; (2) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages; and (4) Fifty Thousand Pesos (P50,000.00) as temperate damages in lieu of actual damages. 9
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until its full satisfaction. 10 CAIHTE
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 15.
3.Id. at 12-14.
4.Id. at 16-17.
5.Id. at 28-29.
6.Id. at 18-22.
7.Id. at 23-27.
8.Id. at 2-11. The Decision was penned by Associate Justice Leoncia Real-Dimagiba, and concurred in by Associate Justices Ramon R. Garcia and Jhosep Y. Lopez of the Fifteenth Division, Court of Appeals, Manila.
9.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
10.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].