THIRD DIVISION
[G.R. No. 239896. July 17, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.AAA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJuly 17, 2019, which reads as follows:
"G.R. No. 239896 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. AAA, accused-appellant). — The Court of Appeals elevated 1 to this Court the records of this case pursuant to its April 11, 2018 Resolution, 2 which gave due course to the Notice of Appeal 3 filed by accused-appellant AAA.
In its July 23, 2018 Resolution, 4 this Court noted the records of this case forwarded by the Court of Appeals and required the parties to file their respective supplemental briefs.
In its November 28, 2018 Resolution, 5 this Court noted the separate Manifestations filed by plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, 6 and accused-appellant, 7 stating that they would no longer file supplemental briefs, and that plaintiff-appellee would instead adopt its Brief before the Court of Appeals. HTcADC
After an evaluation of the records of this case, this Court resolves to dismiss the appeal of accused-appellant for his failure to sufficiently show any reversible error in the assailed Court of Appeals Decision, 8 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, the Court of Appeals' December 14, 2017 Decision in CA-G.R. CR-HC No. 08046 is AFFIRMED with MODIFICATION. Accused-appellant AAA is found GUILTY beyond reasonable doubt of rape, as punished under Article 266-A of the Revised Penal Code, and is sentenced to suffer the penalty of reclusion perpetua. He is also DIRECTED to pay the victim, JJJ, the amounts of: (1) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; (2) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; and (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages. 9
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until fully paid. 10 CAIHTE
SO ORDERED." (Inting, J., no part, Caguioa, J., designated additional Member per Raffle dated July 15, 2019.)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 19.
3.Id. at 16-18.
4.Id. at 21-22.
5.Id. at 37-38.
6.Id. at 23-28.
7.Id. at 33-36.
8.Id. at 2-15. The Decision was penned by Associate Justice Sesinando E. Villon, and concurred in by Associate Justices Danton Q. Bueser and Henri Jean Paul B. Inting (now an Associate Justice of this Court) of the Tenth Division, Court of Appeals, Manila.
9.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
10.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].