FIRST DIVISION
[G.R. No. 253582. March 3, 2021.]
CHARLES WINSTON LIM y KUMMER, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedMarch 3, 2021which reads as follows: HTcADC
"G.R. No. 253582 (Charles Winston Lim y Kummer, Petitioner, v. People of the Philippines, Respondent). — Before this Court is a petition for review on certiorari under Rule 45 1 assailing the Decision 2 dated 01 October 2019 of the Court of Appeals (CA) in CA-G.R. CR No. 42073, which affirmed the Decision 3 dated 16 July 2018 of Branch 5, Regional Trial Court (RTC) of Manila in Criminal Case No. R-MNL-18-02455-CR finding Charles Winston Lim y Kummer (petitioner) guilty beyond reasonable doubt of the crime of acts of lasciviousness, in relation to Republic Act No. (RA) 7610, but increased the amount of monetary awards in favor of AAA. 4
After a perusal of the records of the case, the Court resolves to DENY the petition for failure to sufficiently show any reversible error in the assailed CA Decision as to warrant the exercise of this Court's discretionary appellate jurisdiction. The Court, however, finds it proper to impose a fine of Php15,000.00 in accordance with Section 31 (f), Article XII of RA 7610 and prevailing jurisprudence 5 on the matter.
WHEREFORE, the petition is hereby DENIED. The Court of Appeals Decision dated 01 October 2019 in CA-G.R. CR No. 42073 is AFFIRMED with MODIFICATION that petitioner shall be additionally liable to pay AAA a fine in the amount of fifteen thousand pesos (Php15,000.00).
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 11-29.
2.Id. at 34-44; penned by Associate Justice Mario V. Lopez (now a Member of the Court) and concurred in by Associate Justices Ma. Luisa Quijano Padilla and Walter S. Ong of the Special Twelfth Division, Court of Appeals, Manila.
3.Id. at 67-88; penned by Presiding Judge Emily L. San Gaspar-Gito.
4. The identity of the victim or any information which could establish or compromise her identity, including the names of her immediate family or household members, and the barangay and town of the incident, are withheld pursuant to SC Amended Administrative Circular No. 83-2015.
5.People v. Eulalio, G.R. No. 214882, 16 October 2019 [Per J. Hernando].