SECOND DIVISION
[G.R. No. 253283. October 6, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.NESTOR TEJANO, LEODELO I. BUYCO, AND REYNALDO V. FUENTES, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated06 October 2021which reads as follows:
"G.R. No. 253283 (People of the Philippines v. Nestor Tejano, Leodelo I. Buyco, and Reynaldo V. Fuentes). — The Court resolves to: HTcADC
1. NOTE the Manifestation in lieu of Supplemental Brief 1 dated March 5, 2021 of the Public Attorney's Office in compliance with the Resolution 2 dated December 2, 2020, adopting its brief filed before the Court of Appeals (CA) as accused-appellants' supplemental brief since the same has adequately discussed all matters pertinent to their defense;
2. NOTE the compliance re: filing and e-service of the manifestation and motion in lieu of supplemental brief dated March 25, 2021 of the Office of the Solicitor General, stating that it served and filed by electronic mail on April 2, 2021 the manifestation and motion in lieu of supplemental brief, and submitting the affidavit of electronic filing, a copy of the motion for extension, and the printed copy of the confirmation e-mail account as proof of transmittal; and
3. NOTE and GRANT the manifestation and motion in lieu of supplemental brief dated March 25, 2021 of the Office of the Solicitor General in compliance with the Resolution dated December 2, 2020, dispensing with the filing of supplemental brief as its brief filed before the Court of Appeals had exhaustively discussed and refuted all the issues and arguments raised by the accused-appellants in their appeal brief.
After a judicious study of the case, the Court resolves to DISMISS the appeal, for failure to sufficiently show that the CA committed any reversible error in affirming the conviction of accused-appellants for the crime of murder, as defined and penalized under Article 248 of the Revised Penal Code.
WHEREFORE, the Court ADOPTS and AFFIRMS the findings of fact and conclusions of law in the Decision 3 dated November 29, 2019 issued by the Court of Appeals in CA-G.R. CR-HC No. 10253, finding accused-appellants Nestor Tejano, Leodelo I. Buyco, Reynaldo V. Fuentes, and accused Rex Billones alias "Leclec," guilty beyond reasonable doubt of the crime of Murder as defined and penalized under Article 248 of the Revised Penal Code. Accordingly, said accused are sentenced to suffer the penalty of reclusion perpetua; and to pay the heirs of the victim Magnon Magallanes, civil indemnity, moral damages, and exemplary damages pegged at P75,000.00 each, as well as actual damages in the amount of P60,579.00. All monetary awards shall earn interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED."
By authority of the Court:
TERESITA AQUINO TUAZONDivision Clerk of Court
By:
(SGD.) MA. CONSOLACION GAMINDE-CRUZADADeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 27-30.
2.Id. at 25-26.
3.Id. at 3-18; penned by Associate Justice Gabriel T. Robeniol with Associate Justices Celia C. Librea-Leagogo and Ramon A. Cruz, concurring.