SECOND DIVISION
[G.R. No. 218256. January 27, 2016.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALBERT ARADO Y EBCAY A.K.A. "BOTYOK" AND FELICITO TOLENTINO Y BAYA-ON A.K.A. "ISING", accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 27 January 2016 which reads as follows:
"G.R. No. 218256 — (People of the Philippines v. Albert Arado y Ebcay a.k.a. "Botyok" and Felicito Tolentino y Baya-on a.k.a. "Ising")
The records of this case were elevated to this Court on May 22, 2015, pursuant to the Resolution of the Court of Appeals (CA), dated February 23, 2015, which gave due course to the notice of appeal filed by accused-appellant Albert Arado.
The Court then issued its Resolution, dated July 22, 2015, which directed both parties to submit their supplemental briefs, if they so desired. On October 15, 2015, the Office of the Solicitor General filed a manifestation stating that it was no longer submitting a supplemental brief as its Consolidated Brief for the Appellee had sufficiently ventilated the issues raised. On October 21, 2015, the accused-appellant filed a manifestation and motion averring that he was adopting his Appellant's Brief filed before the CA.
After a perusal of the records of the case, the Court resolves to dismiss the appeal for failure of the accused-appellant to sufficiently show reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.
The award of damages, however, must be modified to conform to the prevailing jurisprudence, as follows: the civil indemnity of P75,000.00 must be decreased to P50,000.00; 1 and the award of P75,000.00 as moral damages must be reduced to P50,000.00. The award of P30,000.00 as exemplary damages is proper. 2 The CA was correct when it added that interest at the legal rate of 6% per annum should also be imposed on all the damages awarded from the date of finality of this judgment until fully paid. 3
WHEREFORE, the November 28, 2014 Decision of the Court of Appeals in CA-G.R. CR-HC No. 01154-MIN, is hereby MODIFIED to read as follows:
WHEREFORE, finding accused-appellant, Albert Arado, GUILTY beyond reasonable doubt of the crime of Rape, penalized under Article 266-A in relation to Art. 266-B, par. 6 (1) of the Revised Penal Code, the Court hereby sentences him to suffer the penalty of Reclusion Perpetua and to pay the private complainant, AAA, the following amounts: P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages. All amounts are subject to interest at the rate of 6% per annum from the date of finality of this judgment until fully paid.
SO ORDERED." CAIHTE
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. People v. Cruz, G.R. No. 201728, July 17, 2013, 701 SCRA 548, 559.
2. People v. Buenvinoto, G.R. No. 207990, June 9, 2014, 725 SCRA 582; People v. Cabungan, G.R. No. 189355, January 23, 2013, 689 SCRA 236, 249.
3. People v. Cruz, G.R. No. 201728, July 17, 2013, 701 SCRA 548, 559.