SECOND DIVISION
[G.R. No. 251015. September 28, 2022.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ALLAN ACCAD y ORTIZ, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution datedSeptember 28, 2022which reads as follows:
"G.R. No. 251015 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee, v. ALLAN ACCAD y ORTIZ, accused-appellant). — On January 22, 2020, 1 the Court of Appeals elevated the records of this case to this Court in compliance with its February 27, 2019 Resolution, 2 which gave due course to the Notice of Appeal 3 filed by accused-appellant Allan Accad y Ortiz.
In its February 24, 2020 Resolution, 4 this Court noted the records forwarded by the Court of Appeals and informed the parties that they may file supplemental briefs, if they so desire, within 30 days from notice.
On August 27, 2020, the Public Attorney's Office, on behalf of accused-appellant, filed a Manifestation 5 adopting its Appellant's Brief before the Court of Appeals. A similar Manifestation 6 was filed by the Office of the Solicitor General on behalf of plaintiff-appellee on September 14, 2020.
After an evaluation of the case records, this Court resolves to affirm the conviction of accused-appellant and dismiss the appeal, there being no reversible error in the assailed Decision 7 that would warrant the exercise of this Court's appellate jurisdiction. However, the civil indemnity, moral, and exemplary damages awarded by the trial court are modified to P100,000.00 each, in accordance to People v. Jugueta. 8 CAIHTE
FOR THESE REASONS, the December 12, 2018 Decision of the Court of Appeals in CA-G.R. CR-HC No. 09942 is AFFIRMED with MODIFICATIONS:
(1) In Criminal Case No. 14-9443-SPL, accused-appellant Allan Accad y Ortiz is found GUILTY beyond reasonable doubt of the crime of statutory rape defined and penalized under Article 266-A and Article 266-B of the Revised Penal Code. He is hereby sentenced to suffer one term of reclusion perpetua without eligibility for parole under Republic Act No. 9346. He is ORDERED to PAY AAA 9 the following amounts: (a) P100,000.00 as civil indemnity; (b) P100,000.00 as moral damages; and (c) P100,000.00 as exemplary damages.
(2) Accused-appellant Allan Accad y Ortiz is also ORDERED to PAY interest at the rate of 6% per annum from the time of finality of this Resolution until fully paid, to be imposed on the civil indemnity, moral damages, and exemplary damages. 10 aScITE
SO ORDERED." (Lopez, M., J., on official business)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Rollo, p. 1.
2. Id. at 14.
3. Id. at 11.
4. Id. at 16-17.
5. Id. at 21-22.
6. Id. at 26-27.
7. Id. at 3-10. The December 12, 2018 Decision in CA-G.R. CR-HC No. 09942 was penned by Associate Justice Danton Q. Bueser with the concurrence of Associate Justices Mariflor P. Punzalan Castillo and Rafael Antonio M. Santos of the Sixth Division of the Court of Appeals, Manila.
8. 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
9. In line with Amended Administrative Circular No. 83-2015, as mandated by Republic Act No. 9262, the names of offended parties, along with all other personal circumstances that may tend to establish their identities, are made confidential to protect their privacy and dignity.
10. Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].