People v. Bacalso

THIRD DIVISION

[G.R. No. 207178. August 13, 2014.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALBERT BACALSO, accused-appellant.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Third Division, issued a Resolution dated August 13, 2014, which reads as follows:

"G.R. No. 207178 (People of the Philippines v. Albert Bacalso). — This resolves the appeal via Section 13, paragraph (c), Rule 124 of the Rules of Court as amended by A.M. No. 00-5-03-SC of the decision 1 dated June 28, 2004 of the Regional Trial Court, Cebu City, Branch 14. The trial court found the accused guilty beyond reasonable doubt of rape under Article 266-A in relation to 266-B of the Revised Penal Code and Republic Act No. 7610. 2 It imposed the penalty of reclusion perpetua, and ordered the accused to pay the amount of fifty thousand pesos (P50,000.00). 3

The Court of Appeals affirmed with modification the decision of the trial court. 4 It granted an additional amount of fifty thousand pesos (P50,000.00) as moral damages. 5

Pursuant to its resolution 6 dated March 27, 2013, the Court of Appeals elevated the records of the case to this court on May 20, 2013. The Court of Appeals gave due course to accused-appellant's notice of appeal. 7 In a resolution 8 dated July 17, 2013, this court required the parties to submit their respective supplemental briefs. Both parties filed their respective manifestations (in lieu of supplemental brief) on October 2, 2013 9 and September 13, 2013. 10

After considering the parties' arguments and the records of this case, this court resolves to DISMISS accused-appellant's appeal for failing to show reversible error in the assailed decision warranting the exercise of this court's appellate jurisdiction. aEACcS

However, in line with current jurisprudence, exemplary damages in the amount of thirty thousand pesos (P30,000.00) should be awarded to the private complainant in view of her minority. 11 In addition, legal interest at the rate of 6% per annum should be imposed on all damages awarded from the date of the finality of this judgment until fully paid. 12

WHEREFORE, this court ADOPTS the findings of fact and conclusions of law of the Court of Appeals' decision dated April 20, 2012 in CA-G.R. CEB-CR-HC No. 00143, finding accused-appellant Albert Bacalso GUILTY beyond reasonable doubt of rape under Article 266-A of the Revised Penal Code, as amended, and sentencing him to reclusion perpetua. The assailed decision is AFFIRMED with MODIFICATION in that the private complainant is entitled to the following amounts: fifty thousand pesos (P50,000.00) as civil indemnity, fifty thousand pesos (P50,000.00) as moral damages, and thirty thousand pesos (P30,000.00) as exemplary damages. The award of damages shall earn interest at the rate of 6% per annum from the date of finality of the judgment until fully paid. The accused-appellant is not eligible to parole in accordance with Act No. 4180 or the Indeterminate Sentence Law. (Villarama, Jr., J., designated Acting Member per Special Order No. 1691 dated May 22, 2014, in view of the vacancy in the Third Division.)

SO ORDERED."

Very truly yours,

(SGD.) WILFREDO V. LAPITANDivision Clerk of Court

Footnotes

1. CA rollo, pp. 21-25. This case was docketed as Crim. Case No. CBU-61060.

2. Id. at 25.

3. Id.

4. Rollo, pp. 5-24. This case was docketed as CA-G.R. CEB-CR-HC No. 00143. Nineteenth Division per Associate Justice Nina G. Antonio-Valenzuela with Associate Justices Eduardo L. Delos Santos and Abraham B. Borreta concurring.

5. Id. at 23.

6. CA rollo, pp. 132-133.

7. Id. at 133.

8. Rollo, p. 32.

9. Id. at 38-40. Accused-appellant filed a Manifestation in Lieu of Supplemental Brief.

10. Id. at 35-36. People of the Philippines filed a Manifestation (in Lieu of Supplemental Brief).

11. See People v. Lomaque, G.R. No. 189297, June 5, 2013, 697 SCRA 383, 407 and 409 [Per J. Del Castillo, Second Division).

12. See People v. Vidaña, G.R. No. 199210, October 23, 2013, 708 SCRA 592, 607 [Per J. Leonardo-de Castro, First Division]; People v. Cruz, G.R. No. 201728, July 17, 2013, 701 SCRA 548, 559-560 [Per J. Reyes, First Division], citing People v. Cabungan, G.R. No. 189355, January 23, 2013, 689 SCRA 236, 249 [Per J. Del Castillo, Second Division]; People v. Gani, G.R. No. 195523, June 5, 2013, 697 SCRA 530, 540 [Per J. Peralta, Third Division], citing People v. Amistoso, G.R. No. 201447, January 9, 2013, 688 SCRA 376, 395 [Per J. Leonardo-de Castro, First Division]; People v. Arpon, G.R. No. 183563, December 14, 2011, 662 SCRA 506, 540 [Per J. Leonardo-de Castro, First Division].