SECOND DIVISION
[G.R. No. 246946. October 10, 2022.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. EDUARDO PELAGIA y ALPAS, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated October 10, 2022which reads as follows:
"G.R. No. 246946 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. EDUARDO PELAGIA y ALPAS, accused-appellant). — The Court of Appeals elevated the records of this case to this Court pursuant to its November 27, 2018 Resolution, 1 which gave due course to the Notice of Appeal filed by accused-appellant Eduardo Pelagia.
In a Resolution, 2 this Court noted the records of this case forwarded by the Court of Appeals and informed the parties that they may file their supplemental briefs. Both parties manifested that they were no longer filing supplemental briefs. 3
After an evaluation of the records of this case, this Court resolves to dismiss the appeal of accused-appellant for his failure to sufficiently show reversible error in the assailed Decision 4 of the Court of Appeals warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, this Court AFFIRMS the September 25, 2018 Decision of the Court of Appeals in CA-G.R. CR-HC No. 09614.
Accused-appellant Eduardo Pelagia y Alpas is found GUILTY of murder punished under Article 248 of the Revised Penal Code and is sentenced to suffer the penalty of reclusion perpetua. He is ordered to PAY the heirs of Agencio Saragoza y Mabuloc the sum of P75,000.00 as moral damages, P75,000.00 as exemplary damages, and P50,000.00 as temperate damages.
All monetary awards for damages shall earn the legal interest rate of six percent (6%) per annum from the date of the finality of this Resolution until full payment. 5
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Rollo, p. 22.
2. Id. at 24-25.
3. Id. at 28-30, 32-34.
4. Rollo, pp. 3-18. The September 25, 2018 Decision in CA-G.R. CR-H.C. No. 09614 was penned by Associate Justice Priscilla J. Baltazar-Padilla (a former member of this Court) and concurred in by Associate Justices Victoria Isabel A. Paredes and Marie Christine Azcarraga-Jacob of the Special Fourteenth Division, Court of Appeals, Manila.
5. Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].