ADVERTISEMENT
THIRD DIVISION
[G.R. No. 240916. February 26, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ISAGANI BALANI y BAGAS, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedFebruary 26, 2020, which reads as follows:
"G.R. No. 240916 (People of the Philippines v. Isagani Balani y Bagas). — Considering the allegations, issues and arguments presented in the appellant's and the appellee's briefs, which the parties adopted instead of filing their respective supplementary appeal briefs, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its January 31, 2018 Decision. HTcADC
WHEREFORE, the Court AFFIRMS the January 31, 2018 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 09064, finding appellant Isagani Balani y Bagas GUILTY beyond reasonable doubt of Qualified Rape as defined under Article 266-A (1) (d), 1 in relation to Article 266-B (1) 2 of the Revised Penal Code, as amended by Republic Act No. 8353, 3 and hereby sentences him to suffer the penalty of reclusion perpetua without eligibility for parole. 4 Appellant is ORDERED to pay the victim civil indemnity in the amount of P100,000.00; moral damages in the amount of P100,000.00; and exemplary damages in the amount of P100,000.00. Moreover, all damages awarded shall earn interest at the rate of six percent (6%) per annum from date of finality of this Resolution until full payment. 5
SO ORDERED." (Gaerlan, J., on leave.)
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1. Article 266-A. Rape: When and How Committed. — Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
xxx xxx xxx
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.
2. Article 266-B. Penalty. — Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
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The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim[.]
3. Known as the "The Anti-Rape Law of 1997."
4. R.A. No. 9346, otherwise known as the "Anti-Death Penalty Law," proscribed the imposition of the death penalty of reclusion perpetua in lieu thereof. Nomenclature is pursuant to A.M. No. 15-08-02-SC, otherwise known as the "Guidelines for the Proper Use of the Phrase "Without Eligibility for Parole" in Indivisible Penalties."
5.Nacar v. Gallery Frames, 716 Phil. 267 (2013).