FIRST DIVISION
[G.R. No. 243265. March 18, 2019.]
SPO1 MANOLO MAGTIBAY y PITEL, petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 18, 2019which reads as follows:
"G.R. No. 243265 (SPO1 Manolo Magtibay y Pitel 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.
The Court resolves to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its July 4, 2018 Decision 1 and the November 23, 2018 Resolution 2 as to warrant the exercise of the Court's appellate jurisdiction.
Apart from the failure to pose a question of law in a petition for review on certiorari, there is no cogent reason to disturb the findings of fact and the assessment of credibility of the witnesses made by the trial court and the CA. Petitioner failed to show that the trial court and the CA overlooked, misunderstood, or misapplied facts and circumstances which would warrant a reversal of the rulings of the courts a quo. The Court, however, modifies the penalty to reclusion perpetua, there being no additional aggravating circumstance alleged and proved that would increase the penalty to death.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the July 4, 2018 Decision and the November 23, 2018 Resolution of the Court of Appeals in CA-G.R. CR HC No. 08600 and AFFIRMS with MODIFICATION said decision finding petitioner Manolo Magtibay y Pitel GUILTY beyond reasonable doubt of the following:
1. In Crim. Case No. Q11-170832, of Acts of Lasciviousness, defined and penalized under Article 336 of the Revised Penal Code, as amended, he is sentenced to an indeterminate prison term of 6 months of arresto mayor, as minimum, to 4 years and 2 months of prision correccional, as maximum, and is ORDERED to pay the victim, AAA, P20,000.00 as civil indemnity, P30,000.00 as moral damages, and P10,000.00 as exemplary damages, all with interest at the rate of 6% per annum from the date of finality of this judgment; and
2. In Crim. Case No. Q11-170833, of Qualified Rape as defined under Article 266-A (1) (a) and penalized under Article 266-B of the Revised Penal Code, in view of the presence of the qualifying circumstance of use of a deadly weapon, petitioner is sentenced to suffer the penalty of reclusion perpetua. He is, likewise, ORDERED to pay the victim AAA the amount of P75,000.00 as civil indemnity, P75,000.00 moral damages and P75,000.00 as exemplary damages. All damages awarded shall incur legal interest at the rate of six percent (6%) per annum from the date of finality of this judgment until fully paid. CAIHTE
SO ORDERED." Bersamin, C.J., on official leave; Del Castillo, J., designated as Acting Chairperson of the First Division per Special Order No. 2645 dated March 15, 2019.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 80-114; penned by Associate Justice Carmelita Salandanan Manahan with Presiding Justice Romeo F. Barza and Associate Justice Stephen C. Cruz.
2.Id. at 116-118.