THIRD DIVISION
[G.R. No. 228993. April 17, 2017.]
TOLENTINO MICUTUAN Y CALISO, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated April 17, 2017,which reads as follows:
"G.R. No. 228993 (Tolentino Micutuan y Caliso vs. People of the Philippines). — The Court resolves to:
(1) NOTE petitioner's Manifestation dated January 27, 2017 submitting an additional copy of the motion for extension of time to file petition for review on certiorari pursuant to the instruction given by the Docket Receiving Section last January 24, 2017; and
(2) GRANT petitioner's motion for final extension to file petition for review dated February 8, 2017 praying for a last extension of fifteen (15) days or until February 23, 2017 within which to file his petition.
After a perusal of the records of the case, the Court resolves to DENY the instant petition for review on certiorari 1 for failure of petitioner Tolentino Micutuan y Caliso to sufficiently show any reversible error in the herein assailed Decision 2 and Resolution, 3 dated October 11, 2016 and January 3, 2017, respectively, issued by the Court of Appeals in CA-G.R. CR No. 37478, to warrant the exercise of the Court's appellate jurisdiction. HTcADC
To conform, however, to recent jurisprudence, the Court imposes upon all the damages awarded to the victim AAA 4 an interest of six percent (6%) per annum to be computed from the date of finality of this Resolution until full payment. 5
WHEREFORE, the Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision and Resolution, dated October 11, 2016 and January 3, 2017, respectively, issued by the Court of Appeals in CA-G.R. CR No. 37478, holding Tolentino Micutuan y Caliso GUILTY beyond reasonable doubt of the crime of Rape by sexual assault, imposing upon him the penalty of imprisonment of four (4) years and two (2) months of prision correccional, as MINIMUM, to ten (10) years of prision mayor, as MAXIMUM, and ordering payment to the victim AAA of civil indemnity of Thirty Thousand Pesos (Php30,000.00), moral damages of Thirty Thousand Pesos (Php30,000.00), and exemplary damages of Ten Thousand Pesos (Php10,000.00). However, as MODIFICATION, legal interest at the rate of six percent (6%) per annum is imposed on the monetary awards to be computed from the finality of this Resolution until full payment." CAIHTE
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 30-68.
2. Penned by Associate Justice Jane Aurora C. Lantion, with Associate Justices Fernanda Lampas Peralta and Nina G. Antonio-Valenzuela concurring; id. at 69-83.
3.Id. at 84-85.
4. The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family or household members, shall not be disclosed to protect her privacy and fictitious initials shall, instead, be used, in accordance with People v. Cabalquinto (533 Phil. 703 (2006]), and A.M. No. 04-11-09-SC dated September 19, 2006.
5.Nacar v. Gallery Frames, et al., 716 Phil. 267 (2013).