THIRD DIVISION
[G.R. No. 223520. August 28, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appelleevs.RUDY BUQUING, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedAugust 28, 2019, which reads as follows:
"G.R. No. 223520 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. RUDY BUQUING, accused-appellant). — The Court of Appeals elevated 1 to this Court the records of this case in accordance with its December 3, 2015 Resolution, 2 which gave due course to the Notice of Appeal 3 filed by accused-appellant Rudy Buquing.
In its June 13, 2016 Resolution, 4 this Court noted the records of this case and required accused-appellant and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, to file their respective supplemental briefs.
In its September 21, 2016 Resolution, 5 this Court noted the separate Manifestations filed by plaintiff-appellee 6 and accused-appellant, 7 stating that they would no longer file supplemental briefs. Accused-appellant added that he would adopt his Appellant's Brief as his supplemental brief.
This Court later issued a December 7, 2016 Resolution 8 noting accused-appellant's letter to his counsel seeking full support on his appeal.
In its June 7, 2017 Resolution, 9 this Court noted accused-appellant's letter "stating that he has no means to communicate with his lawyer regarding the required supplemental brief" 10 and required the Public Attorney's Office to communicate with accused-appellant. 11
In a September 27, 2017 Resolution, 12 this Court noted the Public Attorney's Office's Compliance with Manifestation 13 informing this Court that after conferring with accused-appellant, the latter is manifesting — as shown in a letter annexed to the pleading — that he would adopt his arguments in his Appellant's Brief as his 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 assailed Court of Appeals Decision 14 that would warrant the exercise of this Court's appellate jurisdiction.
WHEREFORE, the Court of Appeals' October 21, 2015 Decision in CA-G.R. CR-HC No. 06783 is AFFIRMED. Accused-appellant Rudy Buquing is found GUILTY beyond reasonable doubt of six (6) counts of rape, as punished under Article 266-A of the Revised Penal Code, and is sentenced to suffer the penalty of reclusionperpetua for each count.
Moreover, in conformity with prevailing jurisprudence, 15 this Court deems it proper to modify the amounts of civil indemnity, moral damages, and exemplary damages to Seventy-Five Thousand Pesos (P75,000.00) each for each count.
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until their full satisfaction. 16
SO ORDERED." (Hernando, J., on wellness leave.)
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 16.
3.Id. at 13-15.
4.Id. at 18.
5.Id. at 27.
6.Id. at 24-26.
7.Id. at 19-22.
8.Id. at 33.
9.Id. at 36.
10.Id.
11.Id.
12.Id. at 47-48.
13.Id. at 39-44.
14.Id. at 3-12. The Decision dated October 21, 2015 was penned by Associate Justice Ricardo R. Rosario and concurred in by Associate Justices Edwin D. Sorongon and Eduardo B. Peralta, Jr. of the Sixteenth Division, Court of Appeals, Manila.
15.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
16.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].