THIRD DIVISION
[G.R. No. 206367. October 9, 2013.]
PEOPLE OF THE PHILIPPINES, petitioner,vs. FREDDIE ESPINA Y ALVAREZ, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated October 9, 2013, which reads as follows:
"G.R. No. 206367 (People of the Philippines v. Freddie Espina y Alvarez). — The records of this case were elevated to this Court on April 10, 2013, pursuant to the October 3, 2012 Resolution of the Court of Appeals, (CA), which gave due course to the notice of appeal filed by the accused, Freddie Espina y Alvarez.
The Court resolves to:
(1) NOTE the Manifestation and Motion (Re: Supplemental Brief) dated August 5, 2013, filed by the Office of the Solicitor General, stating that it is no longer filing a supplemental brief as it believes that the brief for appellee dated October 11, 2011, has adequately addressed the issues and arguments in the present case;
(2) NOTE the Manifestation (In Lieu of Supplemental Brief) dated August 13, 2013, filed by the accused stating that he will no longer file a supplemental brief considering that he has exhaustively discussed the assigned errors in his brief filed with the CA; SEIaHT
(3) NOTE the Letter dated August 2, 2013, of P/Supt. Venancio J. Tesoro, Chief Superintendent, New Bilibid Prison, Bureau of Corrections, confirming the confinement of the accused therein since October 2, 2010; and
(4) DISMISS the appeal of the accused for his failure to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction. Thus, the decision of the CA is affirmed with modification that the civil indemnity be increased from Seventy Five Thousand (75,000.00) to One Hundred Thousand Pesos (P100,000.00); moral damages from Seventy Five Thousand Pesos (P75,000.00) to One Hundred Thousand Pesos (P100,000.00); and exemplary damages from Thirty Thousand Pesos (P30,000.00) to One Hundred Thousand Pesos (P100,000.00), in line with recent jurisprudence. 1
WHEREFORE, the Court AFFIRMS with MODIFICATION the September 13, 2012 Decision of the Court of Appeals in CA-G.R. CR-HC No. 04724, finding accused Freddie Espina y Alvarez GUILTY beyond reasonable doubt of the crime of rape and sentencing him to suffer the penalty of reclusion perpetua without eligibility for parole and to pay the offended party the amount of One Hundred Thousand Pesos (P100,000.00) as civil indemnity; One Hundred Thousand Pesos (P100,000.00) as moral damages; and One Hundred Thousand Pesos (P100,000.00) as exemplary damages.
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. People v. Gambao, G.R. No. 172707, October 1, 2013.