SECOND DIVISION
[G.R. No. 247758. September 21, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. RODEL GELI y ALTURA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated21 September 2020 which reads as follows:
"G.R. No. 247758 (People of the Philippines v. Rodel Geli y Altura). — After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the 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 August 10, 2018 Decision 2 of the CA in CA-G.R. CR-HC No. 09678 and AFFIRMS with MODIFICATION said Decision finding accused-appellant Rodel Geli y Altura GUILTY beyond reasonable doubt of the crime of Rape, defined and penalized under Article 266-A, in relation to Article 266-B of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua, without eligibility for parole, 3 and to pay AAA 4 the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; (c) P75,000.00 as exemplary damages; and (d) costs of suit. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED. (Baltazar-Padilla, J., on leave.)"
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. See Notice of Appeal dated September 3, 2018; rollo, pp. 13-14.
2.Id. at 3-12-A. Penned by Associate Justice Renato C. Francisco with Associate Justices Magdangal M. De Leon and Pedro B. Corales, concurring.
3. See A.M. No. 15-08-02-SC entitled "GUIDELINES FOR THE PROPER USE OP THE PHRASE 'WITHOUT ELIGIBILITY FOR PAROLE' IN INDIVISIBLE PENALTIES," dated August 4, 2015.
4. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. (RA) 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES," dated September 5, 2017.) See further People v. Ejercito, G.R. No. 229861, July 2, 2018.