THIRD DIVISION
[G.R. No. 229935. December 13, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ROLANDO TRASMONTE y BESIN ALIAS "LANDO AND ONE JOHN DOE, accused; ROLANDO TRASMONTE y BESIN ALIAS "LANDO," accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated December 13, 2017, which reads as follows:
"G.R. No. 229935: (People of the Philippines, plaintiff-appellee, v. Rolando Trasmonte y Besin alias "Lando," and one John Doe, accused; Rolando Trasmonte y Besin alias "Lando," accused-appellant.) — The Court of Appeals elevated the records of this case to this Court on March 7, 2017 pursuant to its December 16, 2016 Resolution, 1 which gave due course to the Notice of Appeal 2 filed by accused-appellant Rolando Trasmonte y Besin (Trasmonte).
In its April 17, 2017 Resolution, 3 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.
In its July 24, 2017 Resolution, 4 this Court noted the respective manifestations filed by the Office of the Solicitor General 5 and by accused-appellant, 6 stating that they would no longer file supplemental briefs.
After an evaluation of the records of this case, this Court resolves to DISMISS the appeal of accused-appellant Trasmonte for his failure to sufficiently show reversible error in the assailed Court of Appeals October 20, 2016 Decision 7 warranting the exercise of this Court's appellate jurisdiction. HTcADC
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Regional Trial Court and of the Court of Appeals. The Court of Appeals October 20, 2016 Decision in CA-G.R. CR-HC No. 02017 is hereby AFFIRMEDin toto. This Court finds accused-appellant Rolando Trasmonte y Besin GUILTY beyond reasonable doubt of the crimes of ATTEMPTED MURDER and MURDER.
In Criminal Case No. 04-157-B for Attempted Murder, accused-appellant is sentenced to suffer the indeterminate penalty of imprisonment from six (6) years of prision correccional, as a minimum, to eight (8) years and one (1) day of prisionmayor, as maximum. He is also ordered to pay private complainant Angelito Palomar P25,000.00 as civil indemnity, P25,000.00 as moral damages, and P25,000.00 as exemplary damages.
In Criminal Case No. 04-158-B for Murder, accused-appellant is sentenced to suffer the penalty of reclusion perpetua. He is also ordered to indemnify Brigido Palomar's heirs P75,000.00 as civil indemnity, 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 interest at the legal rate of six percent (6%) per annum from the date of the finality of this judgment until fully paid.
SO ORDERED."
(Bersamin, J., on official leave.)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 18-20.
3.Id. at 24-25.
4.Id. at 36-37.
5.Id. at 26-31.
6.Id. at 32-34.
7.Id. at 4-17. The Decision, docketed as CA-G.R. CR-HC No. 02017, was penned by Associate Justice Edward B. Contreras and concurred in by Associate Justices Edgardo L. Delos Santos and Geraldine C. Fiel-Macaraig of the Nineteenth Division, Court of Appeals, Cebu City.