THIRD DIVISION
[G.R. No. 233762. January 30, 2019.]
EDILBERTO GATCHALIAN y NATIVIDAD, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated January 30, 2019, which reads as follows:
"G.R. No. 233762 (Edilberto Gatchalian y Natividad vs. People of the Philippines). — 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 April 18, 2017 and the Resolution 3 dated August 14, 2017 issued by the Court of Appeals (CA) in CA-G.R. CR No. 37756.
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 to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated April 18, 2017 and the Resolution dated August 14, 2017 issued by the Court of Appeals in CA-G.R. CR No. 37756, SUBJECT TO THE MODIFICATION in that petitioner Edilberto Gatchalian y Natividad is hereby ORDERED to suffer the indeterminate penalty of imprisonment of eight (8) years and one (1) day of prision mayor, as minimum, to fourteen (14) years, eight (8) months and one (1) day of reclusion temporal, as maximum, for each of the nine (9) counts of sexual abuse under Section 5 (b) of Republic Act No. 7610.
The award of Php15,000.00 as moral damages, Php20,000.00 as civil indemnity, Php15,000.00 as exemplary damages, and fine of Php15,000.00, to be paid by petitioner Edilberto Gatchalian y Natividad to AAA, 4 imposed by the Court of Appeals upon the petitioner, STANDS. All of which shall earn interest at the rate of six percent (6%) per annum from the time of the finality of this Resolution until fully paid. CAIHTE
SO ORDERED." (Carandang, J., designated additional Member per Special Order No. 2624 dated November 28, 2018.)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 3-13.
2. Penned by Associate Justice Japar B. Dimaampao, with Associate Justices Franchito N. Diamante and Zenaida Galapate-Laguilles concurring; id. at 16-36.
3.Id. at 39-40.
4. 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.