THIRD DIVISION
[G.R. No. 225952. April 26, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. MIGUEL BUENCONSEJO Y BELLO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedApril 26, 2017, which reads as follows: aScITE
"G.R. No. 225952 (People of the Philippines v. Miguel Buenconsejo y Bello). — The Court resolves to NOTE:
(1) the Office of the Solicitor General's Manifestation and Motion dated February 22, 2017 stating that it has fully traversed the matters raised in the January 5, 2015 Appellee's Brief and, hence, adopting it as its supplemental brief in this case; and
(2) accused-appellant's Manifestation (in Lieu of Supplemental Brief) dated April 5, 2017 stating that considering that in the appellant's brief he had adequately discussed all the matters pertinent to his defense, the same is hereby adopted as his supplemental brief.
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 Miguel Buenconsejo y Bello for committing the crime of rape penalized under Article 266-A in relation to Article 266-B of the Revised Penal Code.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated March 23, 2015 of the Court of Appeals in CA-G.R. CR-HC No. 06591 and AFFIRMS WITH MODIFICATION said Decision. We find accused-appellant Miguel Buenconsejo y Bello GUILTY beyond reasonable doubt of the crime of rape penalized under Article 266-A in relation to Article 266-B of the Revised Penal Code, and thus, sentence him to suffer the penalty of reclusion perpetua. 1 However, we modify the award of civil indemnity, moral damages, and exemplary damages in accordance with People v. Jugueta. 2 Thus, we ORDER accused-appellant to pay the amount of One Hundred Thousand Pesos (P100,000.00) as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, all with interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. By virtue of Republic Act No. 9346, otherwise known as "An Act Prohibiting the Imposition of Death Penalty in the Philippines," the imposition of death for qualified rape under Article 266-B has been prohibited under Section 1 and has been replaced with reclusion perpetua under Section 2 thereof.
2. G.R. No. 202124, April 5, 2016.