SECOND DIVISION
[G.R. No. 260402. August 15, 2022.]
LORENZO CARIÑO @ "LONCIO", petitioner,vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution datedAugust 15, 2022which reads as follows: aScITE
"G.R. No. 260402 (Lorenzo Cariño @ "Loncio," v. People of the Philippines). — This is a Petition for Review on Certiorari assailing the Court of Appeals' (CA) Decision dated February 24, 2021 in CA-G.R. CR No. 42689 finding Lorenzo Cariño @ "Loncio" guilty of Rape through Sexual Assault under Article 266-A of the Revised Penal Code. HTcADC
After review of the records, the Court resolves to DENY the petition for failure to sufficiently show that the CA committed any reversible error as to warrant the exercise of the Court's appellate jurisdiction. However, the Court deems it proper to modify the designation of the offense. In People v. Tulagan, 1 the Court explained that if the acts constituting sexual assault are committed against a victim under twelve (12) years of age or is demented, the nomenclature of the offense should be "Sexual Assault under Article 266-A (2) of the Revised Penal Code in relation to Section 5 (b) of Republic Act No. 7610." Accordingly, the proper penalty that should be imposed is reclusion temporal in its medium period, provided in Section 5 (b) of Article III of Republic Act No. 7610.
FOR THESE REASONS, the petition is DENIED. The Court of Appeals' Decision dated February 24, 2021 in CA-G.R. CR No. 42689 is AFFIRMED with MODIFICATION in that petitioner Lorenzo Cariño @ "Loncio" (petitioner) is found guilty of Sexual Assault under Article 266-A (2) of the Revised Penal Code in relation to Section 5 (b) of Republic Act No. 7610. Petitioner is sentenced to suffer the indeterminate penalty of twelve (12) years, ten (10) months, and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months, and twenty (20) days of reclusion temporal, as maximum. Petitioner is also ordered to pay the victim, AAA G.R. No. 260402, the amounts of P50,000.00 civil indemnity, P50,000.00 moral damages, and P50,000.00 exemplary damages, which shall all earn interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid. HTcADC
The Court further resolves to:
1. NOTE the manifestation dated May 16, 2022 of counsel for petitioner, stating that on May 13, 2022, a motion for extension of time to file petition for review on certiorari was served and filed by registered mail, and submitting a copy thereof by personal service to ensure immediate receipt; and
2. GRANT the aforesaid first motion of petitioner for extension of thirty (30) days from the expiration of the reglementary period within which to file a petition for review on certiorari. HTcADC
SO ORDERED."
By authority of the Court:
TERESITA AQUINO TUAZONDivision Clerk of Court
By:
(SGD.) MA. CONSOLACION GAMINDE-CRUZADADeputy Division Clerk of Court
Footnotes
1. G.R. No. 227363, March 12, 2019.