THIRD DIVISION
[G.R. No. 218918. November 6, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. WILMAR BALTAR, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedNovember 6, 2017, which reads as follows: SDAaTC
"G.R. No. 218918 (People of the Philippines v. Wilmar Baltar). — This resolves the appeal 1 via Rule 124, Section 13 of the Rules of Court from the Court of Appeals 2 March 19, 2015 Decision in CA-G.R. CR-HC No. 01549 affirming with modification the July 30, 2012 Decision 3 of Branch 13, Regional Trial Court, Carigara, Leyte. The trial court found accused-appellant Wilmar Baltar guilty beyond reasonable doubt of one (1) count of rape, imposed the penalty of reclusion perpetua, and ordered accused-appellant to pay the amount of P50,000.00 as damages. 4
In an Information dated October 13, 2008, accused-appellant was charged with three (3) counts of rape in separate Informations. 5 The Information in Criminal Case No. 5032, from which the instant appeal originates, read:
Crim. Case No. 5032
That on or about the 20th day of September 2008, in the Municipality of Barugo Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force, threat and intimidation, and with the use of a deadly weapon, willfully, unlawfully and feloniously, did then and there lie and succeed in having carnal knowledge of AAA, 14 years of age, against her will. 6
On July 30, 2009, accused-appellant was arraigned for the offenses charged and pleaded not guilty to each charge. 7 Trial on the merits then ensued.
In its Decision dated July 30, 2012, the trial court found accused-appellant guilty beyond reasonable doubt of one (1) count of rape:
WHEREFORE, and in VIEW OF THE FOREGOING, the Court finds WILMAR BALTAR GUILTY beyond reasonable doubt of the crime of only one rape committed on September 20, 2008 as what was credibly testified to by the complainant, the other two counts of rape is the grandmother's multiplication of the delict committed. Wilmar Baltar is therefore sentenced to an indivisible penalty of Reclusion Perpetua and to pay damages ex delicto in the amount of Fifty Thousand Pesos and the alleged rape committed on September 21, 2008 — Crim. Case No. 5033 and September 24, 2008 — Crim. Case No. 5034, for lack for lack (sic) of sufficient evidence, WILMAR BALTAR is ACQUITTED.
SO ORDERED.8 (Emphasis in the original)
On appeal, the Court of Appeals affirmed the trial court's findings with modification as to the amount of damages awarded to the private complainant. The dispositive portion of the Court of Appeals March 19, 2015 Decision read:
WHEREFORE, the instant appeal is DENIED and the 30 July 2012 Decision of the Regional Trial Court, Branch 13, Carigara, Leyte, in Criminal Case No. 5032, is AFFIRMED with MODIFICATION.
As modified, appellant Wilmar Baltar is ordered to pay the victim AAA the increased amount of P75,000.00 as civil indemnity, and additional awards in the amount of P75,000.00 as moral damages and P30,000.00 as exemplary damages.
SO ORDERED.9 (Emphasis in the original)
In compliance with its June 15, 2015 Resolution, which gave due course to accused-appellant's notice of appeal, the Court of Appeals elevated the records of the case to this Court. 10 In its Resolution 11 dated August 17, 2015, this Court required the parties to submit their respective supplemental briefs. Both parties filed their respective manifestations (in lieu of supplemental briefs) on November 9, 2015. 12
After carefully 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 this Court's appellate jurisdiction.
However, in line with current jurisprudence, interest at the rate of six percent (6%) per annum should be imposed on all damages awarded from the date of finality of judgment until fully paid. 13
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals March 19, 2015 Decision in CA-G.R. CR-HC No. 01549, finding accused-appellant Wilmar Baltar GUILTY beyond reasonable doubt of rape and sentencing him to reclusion perpetua. The assailed decision is AFFIRMED with MODIFICATION in that the private complainant is entitled to the following amounts: P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. The award of damages shall earn interest at the rate of six percent (6%) per annum from the date of finality of the judgment until fully paid. Accused-appellant Wilmar Baltar's sentence of reclusion perpetua is without eligibility of parole under Act No. 4103 or the Indeterminate Sentence law. acEHCD
(Velasco, Jr., J., on official time; Bersamin, J., designated Acting Chairperson per S.O. No. 2506 dated October 27, 2017.)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 78-80.
2.Id. at 3-18. The Decision was penned by Associate Justice Marie Christine Azcarraga-Jacob and concurred in by Associate Justices Edgardo L. Delos Santos and Ma. Luisa C. Quijano-Padilla of the 19th Division, Court of Appeals, Cebu City.
3. CA rollo, pp. 36-39. The Decision, docketed as Criminal Case Nos. 5032, 5033, and 5034, was penned by Acting Presiding Judge Rogelio R. Joboco of Branch 13, Regional Trial Court, Carigara, Leyte.
4.Rollo, pp. 3-4.
5. Only the information for Criminal Case No. 5032 is available in the original records. See CA rollo, p. 63.
6.Rollo, p. 4.
7.Id.
8.Id. at 3-4.
9.Id. at 17.
10. CA rollo, p. 81.
11.Rollo, p. 25.
12.Id. at 31-33, Accused-appellant's Manifestation (in Lieu of Supplemental Brief) and rollo, pp. 35-39, People of the Philippines' Manifestation and Compliance.
13.See Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc]. See Bangko Sentral ng Pilipinas Monetary Board Circular No. 799, Series of 2013.