SECOND DIVISION
[G.R. No. 232453. November 5, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.RODEL BARRION y BITUIN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 05 November 2018which reads as follows:
"G.R. No. 232453 (People of the Philippines v. Rodel Barrion y Bituin)
After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. However, in light of prevailing jurisprudence, particularly, People v. Jugueta, 2 the Court deems it proper to adjust the award of damages in favor of the victim, AAA. 3
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the November 29, 2016 Decision 4 of the CA in CA-G.R. CR-H.C. No. 07072 and AFFIRMS said Decision finding accused-appellant Rodel Barrion y Bituin GUILTY beyond reasonable doubt of two (2) counts of Qualified Rape, defined and penalized under Article 266-A, in relation to Article 266-B, of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua, without eligibility for parole, 5 and to pay AAA the following amounts for each count of rape: (a) P100,000.00 as civil indemnity; (b) P100,000.00 as moral damages; and (c) P100,000.00 as exemplary damages. Moreover, all monetary awards shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment. CAIHTE
SO ORDERED." (REYES, J., JR., J., designated Additional Member per Special Order No. 2587 dated August 28, 2018; on official leave.)
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated December 15, 2016; rollo, pp. 14-16.
2.People v. Jugueta, 783 Phil. 806, 852 (2016).
3. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. (RA) 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES," dated September 5, 2017.) See also People v. Ejercito, G.R. No. 229861, July 2, 2018.
4.Rollo, pp. 2-13. Penned by Associate Justice Mariflor P. Punzalan Castillo with Associate Justices Florito S. Macalino and Zenaida T. Galapate-Laguilles, concurring.
5. Per A.M. No. 15-08-02-SC entitled "GUIDELINES FOR THE PROPER USE OF THE PHRASE 'WITHOUT ELIGIBILITY FOR PAROLE' IN INDIVISIBLE PENALTIES" (August 4, 2015).