THIRD DIVISION
[G.R. No. 201764. February 10, 2016.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JONATHAN DIANO Y BENTOLAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 10, 2016, which reads as follows:
"G.R. No. 201764 (People of the Philippines v. Jonathan Diano y Bentolan). — After an exhaustive review of the allegations, issues and arguments presented by the parties, the Court resolves to DISMISS the appeal for failure to sufficiently prove that the Court of Appeals committed a reversible error in its disputed Decision dated December 6, 2011 as to warrant the exercise of the Court's discretionary appellate jurisdiction.
WHEREFORE, PREMISES CONSIDERED, the appeal is DISMISSED. The Court ADOPTS the findings and conclusions of law in the Decision dated December 6, 2011 in CA-G.R. CR HC No. 04632 and AFFIRMS said Decision with MODIFICATIONS. Accused-appellant Jonathan Diano y Bentolan is found GUILTY beyond reasonable doubt of RAPE and is sentenced to suffer the penalty of reclusion perpetua, without eligibility for parole. He is further ordered to pay the victim, AAA, the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages. The award of damages shall earn legal interest at the rate of six percent (6%) per annum from the finality of this judgment until fully paid. *(Jardeleza, J., no part; Del Castillo, J., Additional Member, per Raffle dated September 10, 2014)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
* Corrected to include the inhibition of Hon. Francis H. Jardeleza in this case.