FIRST DIVISION
[G.R. No. 231786. August 14, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner,vs. ROLLY ESPINELLA, JR. y ALTICHE, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 14, 2019which reads as follows:
"G.R. No. 231786 (People of the Philippines v. Rolly Espinella, Jr. y Altiche). — After review, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in upholding accused-appellant's conviction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated September 15, 2016 of the Court of Appeals in CA-G.R. CR HC No. 07644, and AFFIRMS said Decision finding accused-appellant GUILTY beyond reasonable doubt of rape penalized under Article 266-A, paragraph 1 of the Revised Penal Code, as amended, and sentencing him to suffer the penalty of reclusion perpetua. The Court, however, MODIFIES the award of civil indemnity, moral damages, and exemplary damages to the amount of P75,000.00 each, consistent with prevailing jurisprudence. 1 The interest rate of 6% per annum shall be imposed on all damages awarded computed from the finality of this Resolution until fully paid.
It appearing that Mr. Princessito F. Heje, City Jail Warden, Calamba City Jail-Male Dorm, Brgy. Turbina, Calamba City, Laguna, failed to submit a compliance report on the transfer of accused-appellant to the Bureau of Corrections as required in the Resolution dated July 23, 2018, within the period which expired on November 25, 2018, the Court resolves to REQUIRE Mr. Heje: (a) to SHOW CAUSE why he should not be held in contempt for such failure, and (b) to COMPLY with the Resolution dated July 23, 2018 by submitting the required compliance report, both within ten (10) days from notice hereof.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331, 373.