THIRD DIVISION
[G.R. No. 236364. December 5, 2018.]
PEOPLE OF THE PHILIPPINES, petitioner,vs. RAMIL CABAÑERO y ESUNA A.K.A. RAMIL COBANERO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedDecember 5, 2018, which reads as follows:
"G.R. No. 236364 (People of the Philippines v. Ramil Cabañero y Esuna a.k.a. Ramil Cobanero) — Considering the allegations, issues, and arguments presented in the appellant's and appellee's briefs, which the parties adopted instead of filing their respective supplementary appeal briefs, the Court resolves to DISMISS the appeal for failure of the appellant to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed Decision 1 dated October 9, 2017, as to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision, dated October 9, 2017, of the CA in CA-G.R. CR HC No. 07535, and AFFIRMS said decision, finding appellant Ramil Cabañero y Esuna a.k.a. Ramil Cobanero GUILTY beyond reasonable doubt of the crime of rape under Article 266-A, paragraph 1 (a) of the Revised Penal Code, as amended by Republic Act No. 8353, and sentencing him to suffer the penalty of reclusion perpetua.
Appellant is ORDERED to pay private complainant AAA 2 the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. All damages awarded are subject to interest at the rate of six percent (6%) per annum from the finality of judgment until full payment.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 2-15; penned by Associate Justice Eduardo B. Peralta, Jr., and concurred in by Associate Justices Priscilla J. Baltazar-Padilla and Marie Christine Azcarraga Jacob.
2. The true name of the victim has been replaced with fictitious initials in conformity with Administrative Circular No. 83-2015 (Subject: Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders Using Fictitious Names/Personal Circumstances). The confidentiality of the identity of the victim is mandated by Republic Act (R.A.) No. 7610 (Special Protection of Children against Abuse, Exploitation and Discrimination Act); R.A. No. 8505 (Rape Victim Assistance and Protection Act of 1998); R.A. No. 9208 (Anti-Tracking in Persons Act of 2003); R.A. No. 9262 (Anti-Violence against Women and Their Children Act of 2004); and R.A. No. 9344 (Juvenile Justice and Welfare Act of 2006).