THIRD DIVISION
[G.R. No. 243930. June 17, 2019.]
FREDDIE BABELA y BANZON, petitioner, vs.PEOPLE OF THE PHILIPPINES AND AAA, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 17, 2019, which reads as follows:
"G.R. No. 243930 (FREDDIE BABELA y BANZON, petitioner v. PEOPLE OF THE PHILIPPINES and AAA, respondents). — After considering the allegations, issues, and arguments adduced in the Petition for Review on Certiorari1 assailing the Court of Appeals' September 3, 2018 Decision 2 and January 10, 2019 Resolution 3 in CA-G.R. CR No. 40516, this Court resolves to deny the Petition for petitioner Freddie Babela y Banzon's failure to show any reversible error in the assailed judgments as to warrant the exercise of this Court's discretionary appellate jurisdiction, and for raising substantially factual issues.
However, this Court modifies the nomenclature of the crime violated considering that the alleged acts in the body of the Information, as well as the elements proven here, constitute the crime of lascivious conduct under Section 5 (B) of Republic Act No. 7610. HTcADC
Furthermore, per this Court's ruling in People v. Tulagan4 as to the proper amount of damages, the dispositive portion of the assailed Court of Appeals Decision is modified.
WHEREFORE, the Court of Appeals' September 3, 2018 Decision and January 10, 2019 Resolution are AFFIRMED with MODIFICATION. Petitioner Freddie Babela y Banzon is found GUILTY beyond reasonable doubt of lascivious conduct under Section 5 (B) of Republic Act No. 7610. He is sentenced to suffer the indeterminate penalty of ten (10) years and one (1) day of prision mayor, as minimum, to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, as maximum. Moreover, he is ordered to pay private respondent AAA civil indemnity, moral damages, and exemplary damages in the amount of Fifty Thousand Pesos (P50,000.00) each, and the costs of the suit.
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until its full satisfaction. 5 CAIHTE
SO ORDERED." (Hernando, J., on official leave.)
Very truly yours,
(SGD.) WILFREDO V. LAPITAN
Division Clerk of Court
Footnotes
1.Rollo, pp. 11-29.
2.Id. at 31-57. The Decision was penned by Associate Justice Celia C. Librea-Leagogo, and concurred in by Associate Justices Samuel H. Gaerlan and Maria Filomena D. Singh of the Sixth Division, Court of Appeals, Manila.
3.Id. at 60-61. The Resolution was penned by Associate Justice Celia C. Librea-Leagogo, and concurred in by Associate Justices Samuel H. Gaerlan and Maria Filomena D. Singh of the Former Sixth Division, Court of Appeals, Manila.
4. G.R. No. 227363, March 12, 2019, <http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65020> [Per J. Peralta, En Banc].
5. See Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].