THIRD DIVISION
[G.R. No. 245408. June 3, 2019.]
MARBEN ALIDO y ABADA, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 3, 2019, which reads as follows:
"G.R. No. 245408 (Marben Alido y Abada vs. People of the Philippines). — Petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
This is a petition for review on certiorari 1 under Rule 45 of the Rules of Court seeking to annul and set aside the Decision 2 dated October 5, 2018, and the Resolution 3 dated February 18, 2019 issued by the Court of Appeals (CA) in CA-G.R. CR No. 40511.
After a perusal of the records of this case, the Court resolves to DENY the petition for failure to sufficiently show any reversible error in the herein assailed CA decision and resolution as to warrant the exercise of the Court's discretionary appellate jurisdiction.
WHEREFORE, the Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated October 5, 2018 and the Resolution dated February 18, 2019 issued by the Court of Appeals in CA-G.R. CR No. 40511, finding petitioner Marben Alido y Abada guilty of Sexual Assault under paragraph 2, Article 266-A of the Revised Penal Code, in relation to Section 5 (b) of Republic Act No. 7610, and ordering him to suffer the indeterminate penalty of twelve (12) years, ten (10) months and twenty-one (21) days of reclusiontemporal, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusiontemporal, as maximum.
The Court, however, MODIFIES the amount of damages in accordance with People of the Philippines v. Salvador Tulagan. 4 Petitioner Marben Alido y Abada is hereby adjudged to pay the victim, AAA, 5 the amount of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages, all of which shall earn interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid.
SO ORDERED." (Hernando, J., no part due to his prior participation in the Court of Appeals; Reyes, J., Jr., J., designated additional Member per Raffle dated April 8, 2019.)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, Volume I, pp. 8-73.
2. Penned by Associate Justice Ricardo R. Rosario, with Associate Justices Ramon Paul L. Hernando (now a Member of this Court) and Gabriel T. Robeniol concurring; id. at 79-96.
3.Id. at 100-101.
4. G.R. No. 227363, March 12, 2019.
5. The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family, or household members, shall not be disclosed to protect her privacy, and fictitious initial shall, instead, be used, in accordance with People v. Cabalquinto (533 Phil. 703 [2006]) and the Amended Administrative Circular No. 83-2015 dated September 5, 2017.