FIRST DIVISION
[G.R. No. 235791. August 13, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.CRISTOBAL "TOTONG" BALANSAG, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 13, 2018which reads as follows: HTcADC
"G.R. No. 235791 (People of the Philippines v. Cristobal "Totong" Balansag). — After a review of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in upholding the conviction of accused-appellant for rape.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated April 21, 2017 of the Court of Appeals in CA-G.R. CR-HC No. 02219 and AFFIRMS: (1) the Decision finding accused-appellant Cristobal "Totong" Balansag GUILTY beyond reasonable doubt of rape in violation of Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353 1 and sentencing him to suffer the penalty of reclusion perpetua; and (2) the award of damages to the victim in separate amounts of P75,000.00, each representing civil indemnity and moral damages with MODIFICATION, adding: (1) in accordance with prevailing jurisprudence, 2 the award of exemplary damages in the amount of P75,000.00; and (2) interest at the rate of 6% per annum on all the monetary awards computed from the finality of this Resolution until its full satisfaction.
The Office of the Solicitor General's manifestation (in lieu of supplemental brief), pursuant to the Resolution dated February 26, 2018, stating that to avoid being repetitious as to amount to trifling with the precious time of the Court it no longer intends to file a supplemental brief and it will adopt its Brief for the Appellee; and the accused-appellant's manifestation, pursuant to the Resolution dated February 26, 2018, stating that to expedite the proceedings and to avoid repetitious arguments he will adopt in toto the contents and substance of the appellant's brief filed before the Court of Appeals since said brief had already addressed the issues and arguments pertinent to his case, are both NOTED.
SO ORDERED." Peralta, J., designated as Acting Chairperson of the First Division per Special Order No. 2582 (Revised) dated August 8, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018. aScITE
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1. The Anti-Rape Law of 1997.
2.People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331.