THIRD DIVISION
[G.R. No. 238614. October 16, 2019.]
PEOPLE OF THE PHILIPPINES, appellee, vs.RODELIO TALAVERA y PITA, appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedOctober 16, 2019, which reads as follows:
"G.R. No. 238614 (People of the Philippines v. Rodelio Talavera y Pita). — Considering the issues and arguments raised in the appellant's and the appellee's briefs, which appellant Rodelio Talavera y Pita and appellee People of the Philippines, respectively, adopted instead of filing their 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 Decision 1 dated October 9, 2017 in CA-G.R. CR-HC No. 08552 as to warrant the exercise of the Court's discretionary appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings of fact and conclusions of law in the Court of Appeals' Decision and AFFIRMS the said Decision finding appellant Rodelio Talavera y Pita 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 MODIFICATION: deleting the phrase "without the benefit of parole[.]" Appellant Talavera is ordered to pay the heirs of Florentino P. Concordia P100,000.00 as actual damages, P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages, with legal interest of six percent (6%) per annum on all damages awarded from finality of this Resolution until fully paid. Costs against appellant Talavera. IAETDc
SO ORDERED." (Leonen, J., on wellness leave)
Very truly yours,
(SGD.) MISAEL DOMINGO C BATTUNG IIIDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 2-12.