SECOND DIVISION
[G.R. No. 238337. February 19, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. CELSO VASQUEZ alias "WASOY", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated19 February 2020which reads as follows:
"G.R. No. 238337 (People of the Philippines v. Celso Vasquez alias "Wasoy"). — Considering the allegations, issues, and arguments presented in the Appellant's 1 and the Appellee's 2 Briefs which the parties adopted instead of filing their respective supplemental briefs, the Court resolves to DISMISS the appeal 3 for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision 4 dated November 29, 2017, as to warrant the exercise of the Court's appellate jurisdiction. HTcADC
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated November 29, 2017 of the Court of Appeals in CA-G.R. CR-HC No. 08915 and AFFIRMS the said Decision in all respects. Accused-appellant Celso Vasquez alias "Wasoy" is found GUILTY beyond reasonable doubt of the crime of Robbery with Homicide defined and penalized under Article 294 (1) of the Revised Penal Code and is sentenced to suffer the penalty of reclusion perpetua. He is ordered to pay the heirs of the victim Eligio Patron 5 the following: (1) civil indemnity, moral damages, and exemplary damages in the amount of P75,000.00 each; and (2) actual damages in the amount of P75,000.00. He is likewise ordered to restore to the heirs of the victim Eligio Patron everything that was taken from the Patron household. If restitution is not possible, he is ordered to pay Luzviminda Patron, and her daughters Tessa Patron and Maan Patron the total amount of P333,000.00 representing the amount of cash and valuables taken on the occasion of the robbery. All civil indemnities and damages shall earn legal interest at the rate of 6% per annum from the date of finality of the resolution until fully paid.
SO ORDERED." (HERNANDO, J., no part as he concurred in the assailed CA rulings; CARANDANG, J., designated Additional Member per Raffle dated December 17, 2019).
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. CA rollo, pp. 26-44.
2.Id. at 59-76.
3.Rollo, pp. 12-13.
4.Id. at 2-11; penned by Associate Justice Mario V. Lopez (now a member of this Court) with Associate Justices Remedios A. Salazar-Fernando and Ramon Paul L. Hernando (now a member of this Court).
5. Eligio Pastor in CA Decision dated November 29, 2017, id. at 10.