THIRD DIVISION
[G.R. No. 228957. January 28, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HARRY BERTULFO, JR., accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJanuary 28, 2019, which reads as follows:
"G.R. No. 228957: (PEOPLE OF THE PHILIPPINES, plaintiff-appellee, v. HARRY BERTULFO, JR., accused-appellant). — The Court of Appeals elevated the records of this case to this Court in compliance with its September 28, 2016 Resolution, 1 which gave due course to the Notice of Appeal filed by accused-appellant Harry Bertulfo, Jr.
In its March 8, 2017 Resolution, 2 this Court noted the records forwarded by the Court of Appeals and informed accused-appellant and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, that they may file their supplemental briefs.
In its July 3, 2017 Resolution, 3 this Court noted accused-appellant's Supplemental Brief and plaintiff-appellee's Manifestation, stating that it will no longer file a supplemental brief.
After an evaluation of the case records, this Court resolves to DISMISS the appeal of accused-appellant for his failure to sufficiently show any reversible error in the challenged Court of Appeals July 28, 2016 Decision, 4 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Regional Trial Court and the Court of Appeals. The Court of Appeals July 28, 2016 Decision in CA-G.R. CR-HC No. 01963 is AFFIRMED with MODIFICATION. This Court finds accused-appellant Harry Bertulfo, Jr. GUILTY beyond reasonable doubt of the crime of rape. Moreover, he is ordered to pay the victim the amounts of: (1) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; (2) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; and (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages. 5
All damages awarded shall earn interest at the rate of six percent (6%) per annum from the finality of this Resolution until fully paid. 6
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 20-21.
3.Id. at 71-72.
4.Id. at 4-12. The Decision was penned by Associate Justice Edward B. Contreras and concurred in by Associate Justices Edgardo L. Delos Santos and Geraldine C. Fiel-Macaraig of the Nineteenth Division, Court of Appeals, Cebu City.
5.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
6.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].