THIRD DIVISION
[G.R. No. 203323. October 7, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. MANUEL ANG, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedOctober 7, 2020, which reads as follows:
"G.R. No. 203323 — (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. MANUEL ANG, accused-appellant). — After a judicious review of the records, the Court resolves to DISMISS Manuel Ang's (accused-appellant) appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its Decision 1 dated March 20, 2012 in CA-G.R. CR-HC No. 01059, which affirmed the Judgment 2 dated July 16, 2009 of the Regional Trial Court, finding the accused-appellant guilty beyond reasonable doubt of six (6) counts of rape committed under paragraph 1 (d) of Article 266-A 3 in relation to Article 266-B 4 of the Revised Penal Code, as amended by Republic Act No. 8353.
However, there is a need to modify the damages awarded to the victim, AAA. 5 In line with the Court's ruling in People v. Jugueta, 6 the proper amounts should be P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages for the crime of rape where the penalty imposed is reclusion perpetua. Also in accordance with prevailing jurisprudence, the amount of damages awarded shall earn interest at the rate of six percent (6%) per annum from the finality of this judgment until said amounts are fully paid.
WHEREFORE, the Decision dated March 20, 2012 of the Court of Appeals in CA-G.R. CR-HC No. 01059 is AFFIRMED with MODIFICATION. Accused-appellant Manuel Ang is found GUILTY beyond reasonable doubt of six (6) counts of rape and is sentenced to suffer the penalty of reclusion perpetua for each count. He is further ORDERED to pay AAA P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages for each count of rape.
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until their full satisfaction.
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1. CA rollo, pp. 101-128; penned by Associate Justice Ramon Paul L. Hernando (now a Member of this Court), Associate Justices Pampio A. Abarintos and Victoria Isabel A. Paredes.
2.Id. at 60-66; penned by Presiding Judge Raphael B. Yrastorza, Sr.
3. Article 266-A. Rape: When and How Committed. — Rape is committed:
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
4. Article 266-B. Penalty. — Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
xxx xxx xxx
5. 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 initial shall, instead, be used, in accordance with People v. Cabalquinto (533 Phil. 703 [2006]) and the Amended Administrative Circular No. 83-2015 dated September 5, 2017.
6. 783 Phil. 806 (2016).