THIRD DIVISION
[G.R. No. 227790. March 14, 2018.]
INOCENCIO LAMBERTE, 1petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedMarch 14, 2018, which reads as follows: HTcADC
"G.R. No. 227790 (Inocencio Lambertev. People of the Philippines). — The Court:
(1) GRANTS petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari, counted from the expiration of the reglementary period; and
(2) NOTES petitioner's:
(a) Manifestation dated October 12, 2016 submitting the soft and hard copies of the motion for extension of time to file petition for review with payment of docket and other lawful fees and deposit for costs;
(b) Manifestation dated November 9, 2016 submitting a soft copy, simultaneously with the hard copy of the petition; and
(c) Manifestation dated November 14, 2016 stating that due to inadvertence he forgot to furnish the Court of Appeals (CA) a copy of the petition, hence, he has furnished the CA a copy thereof.
After a perusal of the records, this Court resolves to DENY the petition for review on certiorari filed under Rule 45 of the Rules of Court for failure of the petitioner to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision and Resolution of the CA dated May 20, 2016, and September 6, 2016, respectively, as to warrant the exercise of the Court's appellate jurisdiction.
Factual findings of the trial court, when affirmed by the CA, are conclusive and binding on the Court. As the factual findings of the Regional Trial Court of Bohol, Branch 1 (RTC) and CA are in accord with the evidence, and in the absence of any overlooked and misapprehended fact, the same should be binding on the Court. CAIHTE
Withal, all the issues raised to this Court were already succinctly passed upon by both the RTC and CA. Finding no cogent reason to disturb the ruling of the lower courts, the Court affirms the same.
WHEREFORE, the Court ADOPTS the findings and conclusions of law in the assailed Decision and Resolution of the CA and AFFIRMS with MODIFICATION said rulings. This Court, therefore, finds petitioner Inocencio Lamberte guilty beyond reasonable doubt of seven (7) counts of the crime of rape under Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353, otherwise known as "The Anti-Rape Law of 1997," sentencing him to suffer, for each count of rape, the penalty of reclusion perpetua and to pay the following amount of damages, also for each count of rape:
a. Civil indemnity — P75,000.00
b. Moral damages — P75,000.00
c. Exemplary damages — P75,000.00. 2
Interest at the rate of six percent (6%) per annum is likewise imposed on all the damages awarded in this case from date of finality of this judgment until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Referred to as Inocensio Lamberte in the Manifestation, rollo, pp. 3-4; Motion for extension of time, rollo, pp. 6-8; Resolution, pp. 12-14; Decision, pp. 54-63.
2.People v. Jugueta, G.R. No. 202124, 783 Phil. 806, 849 (2016).