FIRST DIVISION
[G.R. No. 240227. March 11, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner, vs.BELBINO GAMMAD, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 11, 2019 which reads as follows:
"G.R. No. 240227 (People of the Philippines v. Belbino Gammad)
This is an appeal from the January 15, 2018 Decision 1 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 08674, which affirmed the August 22, 2016 Consolidated Decision 2 of the Regional Trial Court of Maddela, Quirino, Branch 38 (RTC) finding Belbino Gammad guilty beyond reasonable doubt of the crime of statutory rape, defined and penalized under Article 266-A (1) (d), and statutory acts of lasciviousness, defined and penalized under Article 336 of the Revised Penal Code, in relation to Republic Act No. 7610. 3
After a perusal of the records of the case, the Court resolves to DISMISS the appeal for failure to sufficiently show that the CA committed any reversible error in its assailed decision as to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the January 15, 2018 Decision of the CA in CA-G.R. CR-HC No. 08674 and AFFIRMS said decision.
In Crim. Case No. 38-504, appellant Belbino Gammad is guilty beyond reasonable doubt of rape as defined under Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353. 4 He is sentenced to suffer the penalty of reclusion perpetua, and to pay civil indemnity, moral damages, and exemplary damages in the amount of Seventy-Five Thousand Pesos (P75,000.00) each.
In Criminal Case No. 38-505, appellant Belbino Gammad is guilty beyond reasonable doubt of acts of lasciviousness under Article 336 of the Revised Penal Code, in relation to Sec. 5 (b) of Republic Act No. 7610. He is sentenced to suffer the penalty of imprisonment of twelve (12) years and one (1) day of reclusion temporal in its minimum period, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal in its medium period, as maximum, and to pay civil indemnity in the amount of Twenty Thousand Pesos (P20,000.00), moral damages in the amount of Fifteen Thousand Pesos (P15,000.00), and exemplary damages in the amount of Fifteen Thousand Pesos (P15,000.00).
All amounts awarded shall earn interest at the rate of 6% per annum from the date of finality of this judgment until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.Rollo, pp. 2-21; penned by Associate Justice Normandie B. Pizarro with Associate Justices Ramon A. Cruz and Pablito A. Perez, concurring.
2.CA rollo, pp. 50-57; penned by Executive Judge Menrado V. Corpuz.
3. Known as the "Special Protection of Children against Abuse, Exploitation and Discrimination Act."
4. Known as the "Anti-Rape Law of 1997."