People v. Buendia y Bermas

SECOND DIVISION

[G.R. No. 217666. August 24, 2016.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO BUENDIA Y BERMAS, accused-appellant.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated 24 August 2016 which reads as follows:

"G.R. No. 217666: PEOPLE OF THE PHILIPPINES v. ROBERTO BUENDIA Y BERMAS

The Court of Appeals elevated the records of this case to this Court on April 29, 2015, 1 pursuant to the Court of Appeals Resolution 2 dated June 20, 2014, which gave due course to the Notice of Appeal 3 filed by accused-appellant Roberto Buendia y Bermas.

In the Resolution 4 dated July 1, 2015, this Court noted the records forwarded by the Court of Appeals and informed the parties that they could file their supplemental briefs.

On August 26, 2015, the Office of the Solicitor General filed a Manifestation 5 on behalf of the People of the Philippines stating that it would no longer file a supplemental brief.

On October 1, 2015, accused-appellant filed a Manifestation 6 noting that he would no longer file a supplemental brief.

After evaluating the records of the case, this Court resolves to dismiss accused-appellant's appeal for his failure to sufficiently show reversible error in the challenged Decision 7 that would warrant the exercise of this Court's appellate jurisdiction.

Due to the heinousness of the crime, as well as the depravity of the offense in that accused-appellant raped his five (5)-year old daughter, and in accordance with People v. Jugueta, 8 where this Court increased the award of civil indemnity, moral damages, and exemplary damages, 9 we exercise our judicial prerogative and increase the damages to P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages.

WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Regional Trial Court and the Court of Appeals. The Decision of the Court of Appeals in CA-G.R. CR-HC No. 06101 is hereby AFFIRMED with MODIFICATION. Accused-appellant Roberto Buendia y Bermas is found GUILTY beyond reasonable doubt of qualified rape and is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole. Accused-appellant is ORDERED to pay AAA the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages.

Furthermore, all monetary awards for damages shall earn interest at the legal rate of 6% per annum from the date of finality of this judgment until fully paid. SICDAa

SO ORDERED. (Brion, J., on leave.)"

Very truly yours,

 

MA. LOURDES C. PERFECTODivision Clerk of Court

By:

(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court

Footnotes

1. Rollo, p. 1.

2. Id. at 31.

3. Id. at 12.

4. Id. at 17.

5. Id. at 19-23.

6. Id. at 25-29.

7. Id. at 2-11. The Decision was penned by Associate Justice Florito S. Macalino and concurred in by Associate Justices Sesinando E. Villon and Socorro B. Inting of the Special Sixteenth Division, Court of Appeals, Manila.

8. G.R. No. 202124, April 5, 2016 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/april2016/202124.pdf> [Per J. Peralta, En Banc].

9. Id. at 25.