THIRD DIVISION
[G.R. No. 242164. October 6, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ABRAHAM DACUBA, JR. y CLET, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedOctober 6, 2021, which reads as follows:
"G.R. No. 242164 — (PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ABRAHAM DACUBA, JR. y CLET, accused-appellant.) — The Court of Appeals elevated the records of this case pursuant to its Resolution, 1 which gave due course to the Notice of Appeal 2 filed by accused-appellant Abraham Dacuba, Jr. y Clet.
In its November 12, 2018 Resolution, 3 this Court noted the records, allowed the parties to submit their supplemental briefs, and required the Superintendent of the New Bilibid Prison to confirm the accused-appellant's confinement.
In its April 1, 2019 Resolution, 4 this Court noted the separate Manifestations filed by the Office of the Solicitor General, 5 on behalf of plaintiff-appellee People of the Philippines, and accused-appellant, 6 stating that they would no longer file supplemental briefs.
After an evaluation of the case records, this Court resolves to affirm the conviction of the accused of rape and dismiss the appeal, there being no reversible error in the assailed Decision 7 that would warrant the exercise of this Court's appellate jurisdiction.
For the crime of lascivious conduct under Section 5 (b) of Republic Act No. 7610, however, the penalty to be imposed on accused-appellant should be modified in accordance with People v. Tulagan, 8 where this Court held that:
In People v. Caoili, We prescribed the following guidelines in designating or charging the proper offense in case lascivious conduct is committed under Section 5 (b) of R.A. No. 7610, and in determining the imposable penalty:
1. The age of the victim is taken into consideration in designating or charging the offense, and in determining the imposable penalty.
2. If the victim is under twelve (12) years of age, the nomenclature of the crime should be "Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of R.A. No. 7610." Pursuant to the second proviso in Section 5(b) of R.A. No. 7610, the imposable penalty is reclusion temporal in its medium period.
3. If the victim is exactly twelve (12) years of age, or more than twelve (12) but below eighteen (18) years of age, or is eighteen (18) years old or older but is unable to fully take care of herself/himself or protect herself/himself from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition, the crime should be designated as "Lascivious Conduct under Section 5(b) of R.A. No. 7610," and the imposable penalty is reclusion temporal in its medium period to reclusion perpetua. 9 (Emphasis and underscoring supplied).
This Court likewise deems it proper to adjust the award of damages as regards the crime of lascivious conduct in consonance also with Tulagan. Thus, accused-appellant is hereby ordered to pay BBB civil indemnity, moral damages and exemplary damages worth P50,000.00 each. 10 Interest at the rate of 6% per annum on the monetary awards reckoned from the finality of this Resolution is likewise imposed in the interest of private complainant complete vindication. 11
WHEREFORE, the findings of fact and conclusions of law of the Court of Appeals are hereby ADOPTED, and the assailed Decision of the Court of Appeals in CA-G.R. CR-HC No. 08025 is hereby AFFIRMED with MODIFICATIONS.
In Criminal Case No. T-5240, accused-appellant Abraham Dacuba, Jr. y Clet is found GUILTY beyond reasonable doubt of the crime of rape as defined under Article 266-A, paragraph 1 (d) and penalized under Article 266-B of the Revised Penal Code of the Philippines, as amended by Republic Act No. 8353. He is sentenced to suffer the penalty of reclusion perpetua. Further, he is ORDERED to pay BBB civil indemnity, moral damages, and exemplary damages worth P100,000.00 each.
In Criminal Case No. T-5191, accused-appellant Abraham Dacuba, Jr. y Clet is found GUILTY beyond reasonable doubt of the crime of Lascivious Conduct under Section 5 (b) of Republic Act No. 7610. He is sentenced to suffer the indeterminate penalty of imprisonment of 14 years, 8 months, and 1 day of reclusion temporal, as minimum, to 17 years, 4 months and 1 day of reclusion temporal, as maximum. He is likewise ORDERED to pay BBB the civil indemnity, moral damages, and exemplary damages worth P50,000 each. 12
All damages awarded shall be subject to interest at the rate of 6% per annum from the finality of this Resolution until their full satisfaction. 13
SO ORDERED."
By authority of the Court:
MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
By:
(SGD.) RUMAR D. PASIONDeputy Division Clerk of Court
Footnotes
1. Rollo, p. 19.
2. Id. at 22.
3. Id. at 24. Resolution of the Supreme Court dated November 12, 2018.
4. Id. at 35.
5. Id. at 26.
6. Id. at 30.
7. Id. at 2-18. The April 5, 2018 Decision in CA-G.R. CR-HC No. 08025 was penned by Associate Justice Sesinando E. Villon and concurred in by Associate Justices Edwin D. Sorongon and Maria Filomena D. Singh of the Tenth Division of the Court of Appeals, Manila.
8. G.R. No. 227363, March 12, 2019, <http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65020> [Per J. Peralta, En Banc].
9. Id.
10. Id.
11. People v. Arcillas, 692 Phil. 40 (2012) [Per. J. Bersamin, First Division].
12. People v. Tulagan, G.R. No. 227363, March 12, 2019 <https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65020> [Per J. Peralta, En Banc].
13. Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].