THIRD DIVISION
[G.R. No. 232085. July 17, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.GGG, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJuly 17, 2019, which reads as follows:
"G.R. No. 232085 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. GGG, accused-appellant). — The Court of Appeals elevated 1 to this Court the records of this case pursuant to its February 22, 2017 Resolution, 2 which gave due course to the Notice of Appeal 3 filed by accused-appellant GGG.
In its August 7, 2017 Resolution, 4 this Court noted the records of this case forwarded by the Court of Appeals and required the parties to file their respective supplemental briefs.
In its January 10, 2018 Resolution, 5 this Court noted the separate Manifestations filed by plaintiff-appellee, through the Office of the Solicitor General, 6 and accused-appellant, 7 stating that they would no longer file supplemental briefs.
After an evaluation of the records of this case, this Court resolves to dismiss the appeal of accused-appellant for his failure to sufficiently show any reversible error in the assailed Court of Appeals Decision 8 warranting the exercise of this Court's appellate jurisdiction. HTcADC
WHEREFORE, the Court of Appeals' January 27, 2017 Decision in CA-G.R. CR-HC No. 01456 is AFFIRMED with MODIFICATION:
1. In Criminal Case Nos. 1684 and 1686, accused-appellant GGG is found GUILTY beyond reasonable doubt of rape, as punished under Article 266-A of the Revised Penal Code, and is sentenced to suffer the penalty of reclusion perpetua. He is also DIRECTED to pay the victim, AAA, the amounts of: (1) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; (2) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; and (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages, for each count. 9
2. In Criminal Case No. 1685, accused-appellant is found GUILTY beyond reasonable doubt of qualified rape, as punished under Article 266-B of the Revised Penal Code, and is sentenced to suffer the penalty of reclusion perpetua. He is also DIRECTED to pay the victim, AAA, the amounts of: (1) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; (2) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; and (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages. 10 CAIHTE
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until their full satisfaction. 11
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 23.
3.Id. at 20-22.
4.Id. at 24-25.
5.Id. at 43-44.
6.Id. at 32-38.
7.Id. at 39-42.
8.Id. at 3-19. The Decision was penned by Associate Justice Edgardo T. Lloren, and concurred in by Associate Justices Rafael Antonio M. Santos and Ruben Reynaldo G. Roxas of the Twenty-Third Division, Court of Appeals, Cagayan de Oro City.
9.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
10.Id.
11.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].