FIRST DIVISION
[G.R. No. 220463. April 4, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. PAQUITO ALVAREZ y CANDELARIA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedApril 4, 2018which reads as follows: cEaSHC
"G.R. No. 220463 — People of the Philippines, plaintiff-appellee, v. Paquito Alvarez y Candelaria, accused-appellant.
After a careful review of the records of this case, the Court finds the appeal to be lacking in merit. The Regional Trial Court of Quezon City, Branch 102 and the Court of Appeals correctly found appellant Paquito Alvarez y Candelaria guilty beyond reasonable doubt of the crime of rape under Article 266-A of the Revised Penal Code and accordingly sentenced him to suffer the penalty of reclusion perpetua. The award of civil indemnity in the amount of P75,000.00 was proper. 1 However, the awards of moral damages and exemplary damages must be modified to P75,000.00 each pursuant to prevailing jurisprudence. 2 Moreover, interest at the rate of 6% per annum shall be imposed on all damages awarded from the date of finality of this Resolution until fully paid.
WHEREFORE, we ADOPT the findings of the trial court as affirmed by the Court of Appeals. The appeal is DISMISSED. The assailed January 30, 2015 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 06012 finding appellant Paquito Alvarez y Candelaria guilty beyond reasonable doubt of simple rape and sentencing him to suffer the penalty of reclusion perpetua and ordering him to pay "AAA" 3 civil indemnity, moral damages and exemplary damages is AFFIRMED with MODIFICATION that the awards of moral damages and exemplary damages are increased to P75,000.00 each. An interest at the rate of 6% per annum is imposed on all damages awarded from the date of finality of this Resolution until full payment.
SO ORDERED." Sereno, C.J., on leave; Jardeleza, J., took no part; Perlas-Bernabe, J., designated additional member per Raffle dated January 17, 2018. CTIEac
Very truly yours,
(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court
Footnotes
1.People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331, 383.
2.Id.
3. "The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation, and for Other Purposes; Republic Act No. 9262, An Act Defining Violence against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes; and Section 40 of A.M. No. 04-10-11-SC, known as the Rule on Violence against Women and Their Children, effective November 15, 2004." People v. Dumadag, 667 Phil. 664, 669 (2011).