Lacson, Jr. y Garcia v. People

THIRD DIVISION

[G.R. No. 243775. July 1, 2019.]

DAVID LACSON, JR. y GARCIA, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution datedJuly 1, 2019, which reads as follows:

"G.R. No. 243775 (DAVID LACSON, JR. y GARCIA, petitioner v. PEOPLE OF THE PHILIPPINES, respondent). — This Court resolves the Petition for Review on Certiorari1 assailing the October 1, 2018 Decision 2 and December 7, 2018 Resolution 3 of the Court of Appeals in CA-G.R. CR No. 40418. The Court of Appeals affirmed the August 10, 2017 Decision 4 of the Regional Trial Court, which found accused-appellant David Lacson, Jr. y Garcia guilty beyond reasonable doubt of the crime of rape through sexual assault. 5

After considering petitioner's arguments and the records of this case, this Court denies the Petition for failing to show any reversible error in the assailed judgments as to warrant the exercise of this Court's appellate jurisdiction.

This Court modifies the penalty imposed on petitioner in accordance with People v. Tulagan. 6 The crime's nomenclature should be rape through sexual assault under Article 266-A (2) of the Revised Penal Code, in relation to Section 5 (b) of Republic Act No. 7610. The penalty is reclusion temporal medium, which ranges from 14 years, eight (8) months, and one (1) day to 17 years and four (4) months. 7 HTcADC

Since the circumstances of victim AAA's minority and her relationship with accused-appellant are present, the penalty of reclusion temporal medium should be imposed in its maximum period, as maximum, which is 17 years and four (4) months. Applying the Indeterminate Sentence Law, the minimum penalty should be within any of the periods of reclusion temporal minimum, which is the penalty one (1) degree lower. Reclusion temporal minimum ranges from 12 years and one (1) day to 14 years and eight (8) months. Thus, this Court imposes upon petitioner the penalty of 14 years and eight (8) months of reclusion temporal, as minimum, to 17 years and four (4) months of reclusion temporal, as maximum.

The monetary awards are also modified in view of Tulagan. The civil indemnity, moral damages, and exemplary damages are increased to P50,000.00 each, with a legal interest of six percent (6%) per annum from the finality of this Decision until fully paid. 8

WHEREFORE, the Court of Appeals' October 1, 2018 Decision and December 7, 2018 Resolution in CA-G.R. CR No. 40418 are AFFIRMED with MODIFICATION. Petitioner David Lacson, Jr. y Garcia is guilty beyond reasonable doubt of the crime of rape through sexual assault under Article 266-A (2) of the Revised Penal Code, in relation to Section 5 (b) of Republic Act No. 7610. He is sentenced to suffer the indeterminate penalty of fourteen (14) years and eight (8) months of reclusion temporal, as minimum, to seventeen (17) years and four (4) months of reclusion temporal, as maximum.

Petitioner is further ORDERED to pay the victim: (1) Fifty Thousand Pesos (P50,000.00) as civil indemnity; (2) Fifty Thousand Pesos (P50,000.00) as moral damages; and (3) Fifty Thousand Pesos (P50,000.00) as exemplary damages. CAIHTE

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.

SO ORDERED."

Very truly yours,

(SGD.) WILFREDO V. LAPITANDivision Clerk of Court

 

Footnotes

1.Rollo, pp. 10-32. Filed under Rule 45 of the Rules of Court.

2.Id. at 34-51. The Decision was penned by Associate Justice Celia C. Librea-Leagogo, and concurred in by Associate Justices Samuel H. Gaerlan and Rafael Antonio M. Santos of the Special Sixth Division, Court of Appeals, Manila.

3.Id. at 53-54. The Resolution was penned by Associate Justice Celia C. Librea-Leagogo, and concurred in by Associate Justices Samuel H. Gaerlan and Rafael Antonio M. Santos of the Former Special Sixth Division, Court of Appeals, Manila.

4.Id. at 74-86. The Decision, in Crim. Case No. R-MKT-17-00238-CR, was penned by Judge Cristina F. Javalera-Sulit of Branch 140, Regional Trial Court, Makati City.

5.Id. at 85-86.

6. G.R. No. 227363, March 12, 2019, <http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65020> [Per J. Peralta, En Banc].

7.Id.

8.Id.