THIRD DIVISION
[G.R. No. 208611. February 24, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. NERRIE MONTEZ y BACOS,accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 24, 2014, which reads as follows:
"G.R. No. 208611 (People of the Philippines v. Nerrie Montez y Bacos).—The records of this case were elevated to this Court on September 9, 2013, pursuant to the Resolution of the Court of Appeals, dated February 1, 2013, which gave due course to the notice of appeal filed by the accused-appellant, Nerrie Montez y Bacos.
The Court resolves to:
(1) NOTE the Letter, dated November 27, 2013, of P/Supt. IV Venancio J. Tesoro, Superintendent, New Bilibid Prison, Bureau of Corrections, Muntinlupa City, confirming the confinement of the accused-appellant therein since August 20, 2008;
(2) NOTE the Manifestation (In Lieu of Supplemental Brief), dated December 23, 2013, filed by the accused-appellant, stating that the filing of a supplemental brief would be a mere repetition of the arguments earlier raised considering that all relevant matters were already taken up in the previous pleadings and that he was adopting all the defenses and arguments raised in the appellant's brief;
(3) NOTE the Manifestation (Re: Supplemental Brief), dated December 20, 2013, filed by the Office of the Solicitor General, stating that it would no longer file a supplemental brief as the brief for the appellee, dated October 5, 2009, filed with the Court of Appeals had exhaustively addressed the issues and arguments raised in the appellant's brief; and
(4) DISMISS the appeal of the accused-appellant for his failure to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction.
The December 17, 2012 Decision of the Court of Appeals is affirmed with modification that the civil indemnity and moral damages be increased from Fifty Thousand Pesos (P50,000.00) to Seventy-Five Thousand Pesos (P75,000.00); 1 and in addition, the accused-appellant is ordered to pay exemplary damages in the amount of Thirty Thousand Pesos (P30,000.00) and temperate damages in the amount of Twenty-Five Thousand Pesos (P25,000.00) in lieu of actual damages in line with jurisprudence. 2
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals in its December 17, 2012 Decision in CA-G.R. CR-HC No. 03590, finding accused-appellant Nerrie Montez y Bacos GUILTY beyond reasonable doubt of the crime of Murder, as defined and penalized under Article 248 of the Revised Penal Code, as amended, and sentencing him to suffer the penalty of reclusion perpetua with accessory penalties provided by law, and to pay the heirs of the victim the amount of Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; Seventy-Five Thousand Pesos (P75,000.00) as moral damages; Thirty Thousand Pesos (P30,000.00) as exemplary damages; and Twenty Five Thousand Pesos (P25,000.00) as temperate damages. (Abad, J., on official leave, Bersamin J., designated Acting Member, per Special Order No. 1640 dated February 19, 2014)
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. People of the Philippines v. Dela Cruz, G.R. No. 184792, October 12, 2009, 603 SCRA 455.
2. People of the Philippines v. Agacer, G.R. No. 177751, December 14, 2011, 662 SCRA 461.