SECOND DIVISION
[G.R. No. 234011. August 20, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ROMULO PAT CARVAJAL, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated20 August 2018which reads as follows: TAacHE
"G.R. No. 234011 (People of the Philippines v. Romulo Pat Carvajal)
After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. DHIcET
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the June 6, 2017 Decision 2 of the CA in CA-G.R. CR-H.C. No. 08447 and AFFIRMS said Decision finding accused-appellant Romulo Pat Carvajal GUILTY beyond reasonable doubt of the crime of Statutory Rape, as defined and penalized under Article 266-A (1) (d) of the Revised Penal Code, as amended by Republic Act No. (RA) 8353, 3 in relation to Section 5 (a) 4 of RA 8369. 5 Accordingly, he is sentenced to suffer the penalty of reclusion perpetua and ordered to pay AAA 6 the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; and (c) P75,000.00 as exemplary damages. Moreover, all monetary awards shall earn legal interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED." (REYES, JR., J., recused himself from the case as he concurred in the assailed CA Decision. TIJAM, J., designated additional member per Raffle dated June 18, 2018).
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 17-20.
2.Id. at 2-16. Penned by Associate Justice Priscilla J. Baltazar-Padilla with Presiding Justice Andres B. Reyes, Jr. (now a member of this Court) and Associate Justice Myra V. Garcia-Fernandez, concurring.
3. Entitled "AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER PURPOSES," approved on September 30, 1997.
4. Section 5. Jurisdiction of Family Courts. — The Family Courts shall have exclusive original jurisdiction to hear and decide the following cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age, or where one or more of the victims is a minor at the time of the commission of the offense: Provided, That if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred. The sentence, however, shall be suspended without need of application pursuant to Presidential Decree No. 603, otherwise known as the "Child and Youth Welfare Code[.]"
5. Entitled "AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA BILANG 129, AS AMENDED, OTHERWISE KNOWN AS THE JUDICIARY REORGANIZATION ACT OF 1980, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES," approved on October 28, 1997.
6. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to RA 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES," dated September 5, 2017.) See also People v. Ejercito, G.R. No. 229861, July 2, 2018.