SECOND DIVISION
[G.R. No. 229041. July 5, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. NOEL CATACUTAN y JANGAS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated05 July 2017 which reads as follows:
"G.R. No. 229041 — People of the Philippines v. Noel Catacutan y Jangas.
The records of this case were elevated to this Court on January 26, 2017, pursuant to the Court of Appeals (CA) Resolution, 1 dated November 11, 2016, which gave due course to the notice of appeal filed by Noel Catacutan y Jangas (accused-appellant).
In its Resolution, 2 dated March 8, 2017, the Court directed both parties to submit their supplemental briefs, if they so desired. On April 17, 2017, the Office of the Solicitor General, filed its Manifestation and Motion 3 stating that it was no longer submitting a supplemental brief as its Appellee's Brief had sufficiently ventilated the issues raised. On May 8, 2017, the accused-appellant filed a Manifestation (In Lieu of Supplemental Brief) 4 averring that he would adopt his Appellant's Brief filed before the CA.
After a perusal of the records of the case, the Court resolves to dismiss the appeal for failure of accused-appellant to sufficiently show reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.
The Court, however, finds that the amount of damages awarded should be modified to conform to recent jurisprudence. 5 Accordingly, the award of civil indemnity and moral damages should be increased to P75,000.00. In addition, the award of exemplary damages in the amount of P75,000.00 is justifiable. IAETDc
WHEREFORE, the November 11, 2014 Decision of the Regional Trial Court, Branch 1, Manila, in Criminal Case No. 06-247056 is AFFIRMED with MODIFICATION. The Court finds accused-appellant Noel Catacutan y Jangas GUILTY beyond reasonable doubt of Rape and hereby sentences him to suffer the penalty of reclusion perpetua and to pay AAA 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 in this case shall earn an interest at the rate of six percent (6%) per annum from the date of finality of this resolution until fully paid.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. CA rollo, p. 111.
2.Rollo, p. 14.
3.Id. at 15-16.
4.Id. at 20-21.
5.People v. Jugueta, G.R. No. 202124, April 5, 2016.