FIRST DIVISION
[G.R. No. 229931. February 27, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JIMSON HIMAN y DALUYO ALIAS "ORANG", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedFebruary 27, 2019which reads as follows:
"G.R. No. 229931 — People of the Philippines, plaintiff-appellee, v. Jimson Himan y Daluyo alias "Orang," accused-appellant.
After a thorough review of the records of the case, the Court finds the appeal to be unmeritorious. The Court hereby adopts the findings of facts of the trial court as affirmed with modification by the Court of Appeals (CA). The CA properly affirmed with modification the ruling of the Regional Trial Court of Roxas City, Branch 14, finding appellant Jimson Himan y Daluyo alias "Orang" guilty beyond reasonable doubt of the crime of qualified rape in CA-G.R. CEB CR-HC. No. 02116. In this case, the Information alleged, and it was proved during trial that "AAA" was only five years old at the time she was raped by appellant. The CA also correctly sentenced appellant to suffer the penalty of reclusion perpetua since the penalty of death for qualified rape cannot be imposed in view of Republic Act No. 9346, 1 but without eligibility for parole.
The awards of civil indemnity, moral damages and exemplary damages were proper but the amounts must be increased to P100,000.00 each, in line with prevailing jurisprudence. 2 An interest at the rate of 6% per annum shall be imposed on all damages awarded from the date of finality of this Resolution until fully paid.
WHEREFORE, the appeal is DISMISSED. The findings of facts of the trial court as affirmed with modifications by the Court of Appeals is ADOPTED. The assailed November 8, 2016 Decision of the Court of Appeals in CA-G.R. CEB CR-HC. No. 02116 is AFFIRMED withfurther MODIFICATION that appellant Jimson Himan y Daluyo alias "Orang" is ORDERED to pay "AAA" the increased amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages and P100,000.00 as exemplary damages. An interest at the rate of 6% per annum is imposed on all damages awarded from the finality of this Resolution until fully paid.
SO ORDERED." Bersamin, C.J., on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. See People v. Ilogon, 788 Phil. 633, 644 (2016).
2.People v. Jugueta, 783 Phil. 806, 839-840 (2016).