FIRST DIVISION
[G.R. No. 247504. June 8, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. MARIO CABANDAY, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 8, 2020which reads as follows:
"G.R. No. 247504 (People of the Philippines v. Mario Cabanday). — Considering all the allegations, issues and arguments presented in the appeal, this Court resolves to DISMISS the appeal for failure to sufficiently prove that the Court of Appeals (CA) committed any reversible error in its assailed Decision dated March 14, 2019 as to warrant the exercise of the Court's discretionary appellate jurisdiction.
However, in line with the prevailing jurisprudence, 1 the Court resolves to modify the monetary awards imposed by the Regional Trial Court and affirmed by the CA. The amount of award should be P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated March 14, 2019 of the Court of Appeals in CA-G.R. CR-HC No. 01927-MIN and AFFIRMS with MODIFICATION the Decision finding accused-appellant Mario Cabanday guilty beyond reasonable doubt of the crime of statutory rape under Article 266-A (1) (d), in relation to Article 266-B of the Revised Penal Code, and sentencing him to suffer the penalty of reclusion perpetua, without eligibility for parole, and to pay the victim the amount of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. Legal interest of six percent (6%) per annum is imposed on all damages awarded from the date of finality of this Resolution until fully paid.
The Office of the Solicitor General's Manifestation in lieu of supplemental brief, in compliance with the Resolution dated July 10, 2019, stating that it would no longer file a supplemental brief, considering that the issues and arguments were already exhaustively discussed in the appellee's brief; the letter by CSupt. Benhur V. Pantaleon, Officer-in-Charge, Davao Prison and Penal Farm, Davao del Norte, in compliance with the Resolution dated July 10, 2019, confirming the confinement of accused-appellant in the said penal institution on June 21, 2018; and the accused-appellant's manifestation in lieu of supplemental brief, in compliance with the Resolution dated July 10, 2019, stating that accused-appellant will no longer file a supplemental brief since he has thoroughly discussed his arguments in the appellant's brief, are all NOTED.
SO ORDERED." Reyes, J., Jr., J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. People v. Jugueta, 783 Phil. 806 (2016).