THIRD DIVISION
[G.R. No. 240435. November 6, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.LORETO MERGINIO y DODNIDON A.K.A. "ASWANG", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedNovember 6, 2019, which reads as follows:
"G.R. No. 240435 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. LORETO MERGINIO y DODNIDON a.k.a. "Aswang," accused-appellant). — On June 5, 2018, 1 the Court of Appeals elevated the records of this case to this Court in accordance with its December 21, 2017 Resolution, 2 which gave due course to the Notice of Appeal 3 filed by accused-appellant Loreto Merginio y Dodnidon.
In its August 13, 2018 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 January 23, 2019 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.
On July 17, 2019, this Court resolved to affirm with modifications the November 22, 2013 Court of Appeals Decision. 8 AcICHD
Aggrieved, accused-appellant, through the Public Attorney's Office, filed a Motion for Reconsideration seeking the reversal of the July 17, 2019 resolution. 9
In a Letter 10 dated August 12, 2019, the Inmate Documents and Processing Division Chief of the Bureau of Corrections informed this Court that accused-appellant died on August 10, 2019.
WHEREFORE, in view of accused-appellant Loreto Merginio y Dodnidon's death on August 10, 2019, this Court resolves to RECALL and SET ASIDE its Resolution dated July 17, 2019 and DISMISS the criminal case filed against accused-appellant.
In view thereof, the Motion to Withdraw Motion for Reconsideration dated October 15, 2019 of the Resolution dated July 17, 2019, filed by the Public Attorney's Office, SACS, is NOTED WITHOUT ACTION. caITAC
The case is considered CLOSED and TERMINATED.
SO ORDERED." (Gesmundo, J., on leave.)
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 29.
3.Id. at 26-28.
4.Id. at 31-32.
5.Id. at 47-48.
6.Id. at 41-46.
7.Id. at 36-40.
8.Id. at 51-53.
9. Temporary rollo.
10.Rollo, p. 54.