SPECIAL SECOND DIVISION
[G.R. No. 227753. February 3, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. GERARDO AÑOVER y MACANIP, ALJON MARTINEZ AND JEFFREY AÑOVER, accused,
PRUDENCIO SANTIAGO y MALIKSI, VILMA MACANIP y BARRAZA, ALEJANDRO ALDAS y AURE, AND ZOSIMO LAUZON y BURINES, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 03 February 2021which reads as follows:
"G.R. No. 227753 (People of the Philippines, Plaintiff-Appellee, v. Gerardo Añover y Macanip, Aljon Martinez and Jeffrey Añover, Accused: Prudencio Santiago y Maliksi, Vilma Macanip y Barraza, Alejandro Aldas y Aure, and Zosimo Lauzon y Burines, Accused-Appellants). — In the 27 November 2019 Resolution, 1 this Court dismissed the appeal for lack of merit, and affirmed with modification the challenged Decision. 2
Accused-appellants moved for reconsideration. 3
This Court resolves to DENY with finality the Motion for Reconsideration of accused-appellants for raising no substantial arguments. On 24 January 2020, We received from JInsp. Morrison D. Imingan, OIC of the New Bilibid Prison, a 22 January 2020 letter informing Us that accused-appellant Prudencio Santiago y Maliksi died on 15 July 2014, prior to the issuance of this Court's 27 November 2019 Resolution. Attached to the letter was a photocopy of the Certificate of Death of accused-appellant Prudencio Santiago y Maliksi. Accordingly, the criminal and civil liabilities ex delicto of said accused-appellant are deemed EXTINGUISHED by his death prior to final judgment. 4
This Court further resolves to:
1. NOTE the returned and unserved copies of the Resolution dated 02 October 2019 (which noted accused-appellant Vilma Macanip y Barraza's undated letter appealing the case to this Court and praying that she be given a lower penalty to enable her to apply for parole) separately sent to accused-appellant Vilma B. Macanip, at c/o The Superintendent, Sablayan Prison and Penal Farm, Sitio Palbong, Bgy. Ligaya, Sablayan, 5104 Occidental Mindoro; and to Messrs. Prudencio M. Santiago, Alejandro A. Andres and Zosimo B. Lauzon, at c/o The Superintendent, New Bilibid Prison North, Bureau of Corrections, 1770 Muntinlupa City with notations, "Return to Sender, Inmate Released" and "Return to Sender, Deceased," respectively; and
2. NOTE the letter dated 22 January 2020 of JInsp. Morrison D. Imingan, OIC, New Bilibid Prison-East, Muntinlupa City, informing that accused-appellant Prudencio Santiago y Maliksi died last 15 July 2014 as per the attached photocopy of his certificate of death, and DIRECT the Bureau of Corrections to: (a) submit a certified true copy of the certificate of death of accused-appellant Prudencio Santiago y Maliksi; and (b) inform the Court of the whereabouts of accused-appellants Vilma Macanip y Barraza, Alejandro Aldas y Aure and Zosimo Lauzon y Burines, both within five (5) days from notice.
WHEREFORE, the Motion for Reconsideration of accused-appellants is hereby DENIED WITH FINALITY. The 23 March 2015 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 04537 is hereby AFFIRMEDwith MODIFICATION insofar as accused-appellant Prudencio Santiago y Maliksi is concerned. In view of said accused-appellant's death prior to the Court's final judgment, his criminal and civil liabilities ex delicto are declared EXTINGUISHED.
No further pleadings or motions shall be entertained. Let entry of judgment be made.
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, pp. 92-102.
2.Id. at 2-35. The Decision was penned by Associate Justice Ramon A. Cruz, and concurred in by Associate Justices Remedios A. Salazar-Fernando (Chair) and Marlene Gonzales-Sison of the Second Division, Court of Appeals Manila.
3.Id. at 119-126.
4.See People v. Lipata, G.R. No. 200302, 20 April 2016.