FIRST DIVISION
[G.R. No. 211613. November 12, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. HENRY CAMACHO y ALCANTARA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedNovember 12, 2014which reads as follows: HTcADC
"G.R. No. 211613 (People of the Philippines v. Henry Camacho y Alcantara). — The Office of the Solicitor General's manifestation that after diligently reviewing the case, it finds it is no longer necessary to file a supplemental brief as the brief it previously filed had amply demonstrated the guilt of the accused-appellant and thoroughly discussed all the issues presented for resolution; and the accused-appellant's manifestation in lieu of supplemental brief, adopting and repleading all the defenses and arguments raised in his Appellant's Brief are both NOTED.
The confirmation of confinement of accused-appellant Henry Camacho y Alcantara at the New Bilibid Prison on February 27, 2011 is likewise NOTED.
After a judicious perusal of the records, the Court resolves to DISMISS the appeal for failure to show that the Court of Appeals (CA) committed any reversible error in convicting accused-appellant Henry Camacho y Alcantara of three (3) counts of Qualified Rape, under paragraph 1 (a), Article 266-A, in relation to Article 266-B (1) of the Revised Penal Code (RPC), and one (1) count of Intentional Abortion, under Article 256 (1) of the same Code. However, the Court deems it proper to increase the awarded amounts of civil indemnity, moral damages, and exemplary damages from P75,000.00, P75,000.00, and P30,000.00 to P100,000.00, P100,000.00, and P100,000.00, respectively, to conform with prevailing jurisprudence. 1
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the May 9, 2013 Decision 2 of the CA in CA-G.R. CR-HC No. 04852 and AFFIRMS said Decision finding accused-appellant Henry Camacho y Alcantara GUILTY beyond reasonable doubt of three (3) counts of Qualified Rape, under paragraph 1 (a), Article 266-A, in relation to Article 266-B (1) of the RPC, with MODIFICATION as to the amounts of damages awarded. Thus, accused-appellant is sentenced to suffer the penalty of reclusion perpetua, without eligibility for parole, for three (3) counts of Qualified Rape, and ten (10) years and one (1) day of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum, for one (1) count of Intentional Abortion, and ordered to pay the following amounts: (a) P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages for each count of qualified rape; and (b) P25,000.00 as civil indemnity, P25,000.00 as moral damages, and P15,000.00 as exemplary damages for one (1) count of Intentional Abortion, plus legal interest of six percent (6%) per annum on all amounts imposed from the finality of this judgment until full payment.
The Office of the Solicitor General is hereby required to SUBMIT within five (5) days from notice hereof, a soft copy in compact disc, USB or e-mail containing the PDF file of the signed manifestation pursuant to the Resolution dated February 25, 2014 in A.M. Nos. 10-3-7-SC and 11-9-4-SC. aScITE
SO ORDERED."SERENO, C.J., on official travel; DEL CASTILLO, J., acting member per S.O. No. 1862 dated November 4, 2014. BERSAMIN, J., on official travel; VELASCO, JR., J., acting member per S.O. No. 1870 dated November 4, 2014.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. See People v. Gambao, G.R. No. 172707, October 1, 2013, 706 SCRA 508.
2.Rollo, pp. 2-25. Penned by Associate Justice Ramon M. Bato, Jr. with Associate Justices Andres B. Reyes, Jr. and Rodil V. Zalameda, concurring.