FIRST DIVISION
[G.R. No. 225598. March 20, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner, vs.MARIONITO ARANDA y ESCURTOL, 1respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedMarch 20, 2019which reads as follows:
"G.R. No. 225598 — (People of the Philippines v. Marionito Aranda y Escurtol)
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 briefs, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its June 23, 2015 Decision, 2 as to warrant the exercise of the Court's appellate jurisdiction.
However, the Court deems it proper to modify the penalties imposed by the CA in line with prevailing jurisprudence.
WHEREFORE, the June 23, 2015 Decision of the Court of Appeals in CA-G.R. CR-HC No. 05855 is AFFIRMED with MODIFICATION, as follows:
1. In Criminal Case No. 09-0973, the Court finds appellant Marionito Aranda y Escurtol GUILTY beyond reasonable doubt of the crime of Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of Republic Act No. 7610, and hereby sentences him to suffer imprisonment of 12 years and 1 day of reclusion temporal, as minimum, to 15 years and 7 months of reclusion temporal, as maximum, and to pay a fine of P15,000.00. He is also ORDERED to pay AAA 3 the following amounts: P20,000.00 as civil indemnity; P15,000.00 as moral damages; and P15,000.00 as exemplary damages.
2. In Criminal Case No. 09-0974, the Court finds appellant Marionito Aranda y Escurtol GUILTY beyond reasonable doubt of the crime of rape under Article 266-A, paragraph 1(a) of the Revised Penal Code and sentences him to suffer imprisonment of reclusion perpetua. He is also ORDERED to pay AAA the following amounts: P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P75,000.00 as exemplary damages.
The amounts of damages awarded shall have an interest of six percent (6%) per annum from the date of finality of judgment until fully paid. AcICHD
SO ORDERED." Bersamin, C.J., on official business; Del Castillo, J., Acting Chairperson per Special Order No. 2645 dated March 15, 2019; Jardeleza, J., took no part; Lazaro-Javier, J., designated Additional Member per Raffle dated March 18, 2019.
Very truly yours,
(SGD.) LIBRADA C. BUENA
Division Clerk of Court
Footnotes
1. Referred to as "Marianito Aranda y Escurtol" in the RTC Decision, CA rollo, p. 69; and the Brief for the Appellee, CA rollo, p. 96.
2.Rollo, pp. 2-23; penned by Associate Justice Victoria Isabel A. Paredes, with Associate Justices Isaias P. Dicdican and Elihu A. Ybañez, concurring.
3. 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).