FIRST DIVISION
[G.R. No. 234019. March 11, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner, vs.JOEMAR ALMARIO y PICAR A.K.A "AMAZING", respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 11, 2019which reads as follows:
"G.R. No. 234019 (People of the Philippines v. Joemar Almario y Picar a.k.a "Amazing")
Considering the allegations, issues and arguments presented in the appellant's and appellee's briefs, which the parties adopted instead of filing their respective supplementary appeal briefs, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed April 4, 2017 Decision, 1 as to warrant the exercise of the Court's appellate jurisdiction.
However, to conform to the guidelines set forth in prevailing jurisprudence, 2 the Court modifies the award of exemplary damages and reduces it to P100,000.00.
WHEREFORE, the April 4, 2017 Decision of the Court of Appeals in CA-G.R. CR HC No. 07622 is AFFIRMED with MODIFICATION. Appellant Joemar Almario y Picar a.k.a. "Amazing," is found GUILTY beyond reasonable doubt of qualified trafficking in persons, in violation of Section 4 (a) in relation to Section 6 (a) of Republic Act No. 9208, 3 as amended by Republic Act No. 10364, and is sentenced to suffer the penalty of life imprisonment and to pay a fine of Two Million Pesos (P2,000,000.00) in accordance with Section 10 (c) of Republic Act No. 9208. He is further ordered to pay CCC 4 the amount of P500,000.00 as moral damages and P100,000.00 as exemplary damages with interest on all damages awarded at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid. AScHCD
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 2-15; penned by Associate Justice Edwin D. Sorongon with Associate Justices Ricardo R. Rosario and Maria Filomena D. Singh, concurring.
2.People v. Lalli, et al., 675 Phil. 126, 158 (2011); People v. Bandojo, Jr., et al., G.R. No. 234161, October 17, 2018.
3. "Anti-Trafficking in Persons Act of 2003."
4. The true name of the victim has been replaced with fictitious initials in conformity with Administrative Circular No. 83-2015 (Subject: Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders Using Fictitious Names/Personal Circumstances). The confidentiality of the identity of the victim is mandated by Republic Act (R.A.) No. 7610 (Special Protection of Children against Abuse, Exploitation and Discrimination Act); R.A. No. 8505 (Rape Victim Assistance and Protection Act of 1998); R.A. No. 9208 (Anti-Trafficking in Persons Act of 2003); R.A. No. 9262 (Anti-Violence against Women and Their Children Act of 2004); and R.A. No. 9344 (Juvenile Justice and Welfare Act of 2006).