THIRD DIVISION
[G.R. No. 238169. June 26, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.EDGAR CANEY BATUCAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 26, 2019, which reads as follows:
"G.R. No. 238169 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. EDGAR CANEY BATUCAN, accused-appellant). — The Court of Appeals elevated the records of this case to this Court on April 11, 2018, 1 in accordance with its February 19, 2018 Resolution, 2 which gave due course to the Notice of Appeal 3 filed by accused-appellant Edgar Caney Batucan.
In its June 6, 2018 Resolution, 4 this Court noted the records of this case forwarded by the Court of Appeals and required the parties to file their respective supplemental briefs.
In its September 19, 2018 Resolution, 5 this Court noted the Manifestation 6 filed by plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, stating that it would no longer file a supplemental brief.
In its January 7, 2019 Resolution, 7 this Court noted the Manifestation 8 filed by accused-appellant, stating that he would no longer file a supplemental brief and instead adopt all the arguments he had raised in his Appellant's Brief before the Court of Appeals. HTcADC
After an evaluation of the records of this case, this Court resolves to DISMISS the appeal of accused-appellant for his failure to sufficiently show any reversible error in the assailed Court of Appeals December 15, 2017 Decision, 9 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, the Court of Appeals December 15, 2017 Decision in CA-G.R. CR HC No. 02399 is AFFIRMED. Accused-appellant Edgar Caney Batucan is found GUILTY beyond reasonable doubt of rape, as punished under Article 266-A of the Revised Penal Code, and is sentenced to suffer the penalty of reclusion perpetua. He is further DIRECTED to pay the victim: (1) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; (2) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; and (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages.
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until its full satisfaction. 10 CAIHTE
SO ORDERED."
Very truly yours,
WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2. CA rollo, p. 76.
3.Id. at 68-70.
4.Rollo, pp. 21-22.
5.Id. at 31-A-31-B.
6.Id. at 23-29.
7.Id. at 36-37.
8.Id. at 32-34.
9.Id. at 4-15. The Decision was penned by Associate Justice Pamela Ann Abella Maxino, and concurred in by Associate Justices Geraldine C. Fiel-Macaraig and Louis P. Acosta of the Twentieth Division, Court of Appeals, Cebu City.
10.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].