THIRD DIVISION
[G.R. No. 236359. June 22, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. MELVIN ORTINEZ y COBIOSO, CYRUS DELA ROSA, ELINO ORTINEZ, INGKO ORTINEZ, PETER DADUR, and CHARLIE SURIMA y MICUTUAN, accused.
MELVIN ORTINEZ y COBIOSO and CYRUS DELA ROSA, accused-appellants.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution datedJune 22, 2020, which reads as follows:
"G.R. No. 236359 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. MELVIN ORTINEZ y COBIOSO, CYRUS DELA ROSA, ELINO ORTINEZ, INGKO ORTINEZ, PETER DADUR, and CHARLIE SURIMA y MICUTUAN, accused; MELVIN ORTINEZ y COBIOSO and CYRUS DELA ROSA, accused-appellants). — The Court of Appeals elevated the records of this case to this Court pursuant to its October 3, 2017 Resolution, 1 which gave due course to the Notice of Appeal 2 filed by accused-appellants Melvin Ortinez y Cobioso and Cyrus Dela Rosa.
In its February 19, 2018 Resolution, 3 this Court directed the parties to file their supplemental briefs and required the Superintendent of the New Bilibid Prison to confirm the confinement of accused-appellants.
As noted in this Court's July 30, 2018 Resolution, 4 both plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, 5 and accused-appellants 6 manifested that they would be adopting the Briefs they filed before the Court of Appeals. This Court also noted the letters 7 of the Superintendent of the New Bilibid Prison, confirming accused-appellants' confinement there.
After a careful perusal of the records, this Court resolves to dismiss the appeal of accused-appellants for their failure to show any reversible error in the Court of Appeals' assailed August 10, 2017 Decision. 8
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' August 10, 2017 Decision in CA-G.R. CR-H.C. No. 06045 is AFFIRMED. Accused-appellants Melvin Ortinez y Cobioso and Cyrus Dela Rosa are found GUILTY beyond reasonable doubt of murder, punished under Article 248 of the Revised Penal Code. They are sentenced to suffer the penalty of reclusion perpetua. They are also DIRECTED to pay the heirs of the victim, Rogelio Capiz y Hubilla: (1) P114,175.00 as actual damages; (2) P75,000.00 as moral damages; (3) P75,000.00 as civil indemnity; and (4) P75,000.00 as exemplary 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 their full satisfaction. 10
SO ORDERED." (Gaerlan, J., on leave.)
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, p. 16.
2.Id. at 13-15.
3.Id. at 18-19.
4.Id. at 36-37.
5.Id. at 24-29.
6.Id. at 31-35.
7.Id. at 20 and 22.
8.Id. at 2-12. The Decision was penned by Associate Justice Myra V. Garcia-Fernandez and concurred in by Associate Justices Romeo F. Barza and Pablito A. Perez of the Special Sixteenth Division of the Court of Appeals, Manila.
9.See People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
10.See Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].