THIRD DIVISION
[G.R. No. 241252. March 15, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ALVIN UPANO y DIONISIO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated March 15, 2021, which reads as follows:
"G.R. No. 241252 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. ALVIN UPANO y DIONISIO, accused-appellant). — The Court of Appeals elevated the records of this case to this Court pursuant to its Resolution, 1 which gave due course to the Notice of Appeal 2 filed by accused-appellant Alvin Upano y Dionisio.
In its October 3, 2018 Resolution, 3 this Court noted the records of this case forwarded by the Court of Appeals and required the parties to file their respective supplemental briefs.
In its January 21, 2019 Resolution, 4 this Court noted the manifestations filed by accused-appellant 5 and the Office of the Solicitor General 6 stating that they will no longer file supplemental briefs.
After an evaluation of the records of this case, this Court resolves to DISMISS the appeal of accused-appellant for his failure to sufficiently show reversible error in the assailed Court of Appeals' March 19, 2018 Decision 7 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, the findings of fact and conclusions of law of the Court of Appeals in CA-G.R. CR-HC No. 09244 are AFFIRMED with MODIFICATIONS.
Accused-appellant Alvin Upano y Dionisio is found GUILTY beyond reasonable doubt of murder, punished under Article 248 of the Revised Penal Code. He is sentenced to suffer the penalty of reclusion perpetua. He is also DIRECTED to pay the heirs of the victim, Jimmy Hernandez y Sartorio civil indemnity, moral damages, and exemplary damages in the amount of P75,000.00, each, 8 and P50,000.00 as temperate damages.
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until their full satisfaction. 9
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, p. 16. The April 30, 2018 Resolution was penned by Division Clerk of Court Atty. Dionisio C. Jimenez of the Court of Appeals, Manila.
2.Id. at 12-15.
3.Id. at 18-19.
4.Id. at 37-38.
5.Id. at 32-34.
6.Id. at 28-31.
7.Id. at 2-11. The Decision was penned by Associate Justice Remedios A. Salazar-Fernando, and concurred in by Associate Justices Jane Aurora C. Lantion and Zenaida T. Galapate-Laguilles of the Second Division, Court of Appeals, Manila.
8.People v. Jugueta, 783 Phil. 803 (2016) [Per J. Peralta, En Banc].
9.See Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].