FIRST DIVISION
[G.R. No. 241675. December 3, 2018.]
ALEJANDRO GONZALES Y REYES A.K.A "NANDING", petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated December 3, 2018 which reads as follows:
"G.R. No. 241675 (Alejandro Gonzales y Reyes a.k.a "Nanding" v. People of the Philippines). — The 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.
For review is the Decision 1 dated March 28, 2018 of the Court of Appeals (CA) in CA-G.R. CR No. 39726, which affirmed with modification the February 2, 2017 Decision of the Regional Trial Court of Marikina, Branch 168, in Criminal Case No. 2007-9494, which found petitioner Alejandro Gonzales y Reyes "Nanding" guilty beyond reasonable doubt of rape for violation of Article 266-A, paragraph 2 of Republic Act No. 8353. 2
After a perusal of the records of the case, this Court resolves to DENY the petition for review on certiorari for failure of the petitioner to sufficiently show any reversible error in the assailed CA Decision.
We, however, find the necessity to increase the awarded damages to conform to recent jurisprudence. 3 Moral damages, civil indemnity, and exemplary damages are increased to P30,000.00 each, with the addition that all damages awarded shall earn legal interest at the rate of 6% per annum from the date of finality of the resolution until fully paid.
WHEREFORE, this Court DENIES the Petition for Review on Certiorari. The Decision dated March 28, 2018 of the CA in CA-G.R. CR No. 39726 is AFFIRMED with the modification that the award for moral damages, civil indemnity, and exemplary damages are increased to P30,000.00 each. All the damages awarded shall earn interest at the rate of 6% per annum from the date of finality of the resolution until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 37-56. Penned by CA Associate Justice Magdangal M. De Leon and concurred in by Associate Justices Rodil V. Zalameda and Renato C. Francisco.
2. AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR THE PURPOSES, Approved September 20, 1997.
3.People v. de Chavez, G.R. No. 218427, January 31, 2018.