FIRST DIVISION
[G.R. No. 236852. April 4, 2018.]
GEORGE S. DE VERA, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 4, 2018which reads as follows:
"G.R. No. 236852 (George S. De Vera v. People of the Philippines). aScITE
The instant case is a Petition for Review on Certiorari1 under Rule 45 seeking to reverse and set aside the Decision dated August 10, 2017 2 and the resolution dated November 22, 2017 3 of the Court of Appeals (CA) in CA-G.R. CR No. 36871 affirming with modification the July 2, 2014 Decision of the Regional Trial Court (RTC), Branch 64, Tarlac City in Criminal Case No. 14023.
After a perusal of the records of the case, this Court resolves to deny the petition for failure of petitioner George S. De Vera (petitioner) to sufficiently show any reversible error in the Decision dated August 10, 2017 and the Resolution dated November 22, 2017 of the CA which would warrant the exercise of this Court's appellate jurisdiction.
In view of current jurisprudence, however, this Court modifies the penalty imposed by the CA in that: (1) petitioner is also ordered to pay the victim AAA 4 P15,000.00 in the concept of exemplary damages; 5 and (2) the imposition of fine is deleted as it had no legal basis. 6
WHEREFORE, the Court of Appeals Decision dated August 10, 2017 in CA-G.R. CR No. 36871 is AFFIRMED subject to MODIFICATIONS that in addition to the payment of P20,000.00 as civil indemnity and P15,000.00 as moral damages, petitioner George S. De Vera shall also pay AAA P15,000.00 as exemplary damages. The fine of P15,000.00 is deleted. Interest at the rate of 6% per annum is imposed on all damages awarded from date of finality of this Resolution until full payment.
SO ORDERED." Sereno, C.J., on leave. DETACa
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 32-41.
2. Penned by CA Associate Justice Carmelita Salandanan Manahan, with Associate Justices Fernanda Lampas Peralta and Elihu A. Ybañez, concurring, id. at 65-82.
3.Id. at 84-86.
4. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to People v. Dumadag, 667 Phil. 664, 669 (2011).
5.Escalante v. People, G.R. No. 218970, June 28, 2017.
6.Awas v. People, G.R. No. 203114, June 28, 2017.