ADVERTISEMENT
SPECIAL FIRST DIVISION
[G.R. No. 225600. November 24, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. DENEL YUMOL y TIMPUG, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Special First Division, issued a Resolution dated November 24, 2021 which reads as follows:
"G.R. No. 225600 (People of the Philippines v. Denel Yumol y Timpug). — Under Decision 1 dated July 7, 2020, the Court affirmed the conviction of appellant Denel Yumol y Timpug (appellant) for Robbery with Rape as defined and penalized under Article 294 2 of the Revised Penal Code, as amended by Section 9 of Republic Act No. 7659.
By Manifestation with Motion to Dismiss Appeal 3 dated March 16, 2021, however, appellant's counsel informed the Court that appellant had died on October 31, 2018, while serving sentence at the New Bilibid Prison (NBP). Appellant's counsel submitted to the Court a certified true copy of appellant's death certificate 4 issued by the NBP Hospital.
ACCORDINGLY, the Court RECALLS and SETS ASIDE the Decision dated July 7, 2020; DISMISSES Criminal Case No. 589-2006 and CONSIDERS the present appeal CLOSED and TERMINATED.
The accused-appellant's motion for reconsideration of the Decision dated July 7, 2020 is NOTED WITHOUT ACTION.
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 37-47.
2. Art. 294. Robbery with violence against or intimidation of persons — Penalties. — Any person guilty of robbery with the use of violence against or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion of the robbery, the crime of homicide shall have been committed, or when the robbery shall have been accompanied by rape or intentional mutilation or arson.
xxx xxx xxx
3.Rollo, pp. 73-76.
4.Id. at p. 80.