FIRST DIVISION
[G.R. No. 236445. July 10, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JERRY SUMALINOG A.K.A. "JERRY", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJuly 10, 2019which reads as follows:
"G.R. No. 236445 (People of the Philippines v. Jerry Sumalinog a.k.a. "Jerry")
Considering the allegations, issues and arguments presented in the appellant's and appellee's briefs, which the parties adopted instead of filing their respective supplemental appeal briefs, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed October 25, 2017 Decision, 1 as to warrant the exercise of this Court's appellate jurisdiction.
The courts a quo correctly ruled that the prosecution was able to prove the presence of all the elements of murder beyond reasonable doubt. Further, the light produced by the small lamp was sufficient to illuminate the face of the perpetrator, whom the witness positively identified as the appellant. Lastly, appellant's defense of denial and alibi must fail against the witness' positive testimony, which the courts found to be credible, straightforward, and without ill will. HTcADC
WHEREFORE, the October 25, 2017 Decision of the Court of Appeals in CA-G.R. CR HC No. 01515-MIN is AFFIRMED. Appellant Jerry Sumalinog a.k.a. "Jerry" is found GUILTY beyond reasonable doubt of Murder and is sentenced to suffer the penalty of reclusion perpetua. He is ORDERED to pay the heirs of Jose Gilbert P. Lalu the amount of P75,000.00 as civil indemnity; P75,000.00 as moral damages; P75,000.00 as exemplary damages; P50,000.00 as temperate damages; P200,000.00 as temperate damages for loss of earning capacity and costs of suit. All damages awarded shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 3-25; penned by Associate Justice Perpetua T. Atal-Paño, with Associate Justices Romulo V. Borja and Edgardo T. Lloren, concurring.