FIRST DIVISION
[G.R. No. 239900. June 3, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner, vs.LUISITO ILAO y DEOMAMPO ALIAS "LOUIE", respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 3, 2019which reads as follows:
"G.R. No. 239900 (People of the Philippines v. Luisito Ilao y Deomampo alias "Louie"). — 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 the conviction of accused-appellant for the crime of rape as defined in Article 266-A (1) (a) 1 and penalized under Article 266-B 2 of the Revised Penal Code in Criminal Case No. 22-2013.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated January 23, 2018 of the Court of Appeals in CA-G.R. CR-HC No. 08079 and AFFIRMS said Decision finding accused-appellant GUILTY beyond reasonable doubt of the crime of rape as defined in Article 266-A (1) (a) and penalized under Article 266-B of the Revised Penal Code sentencing him to suffer the penalty of reclusionperpetua and to pay P75,000.00 each as civil indemnity, moral damages and exemplary damages. All monetary awards shall earn interest at the legal rate of 6% perannum from the date of finality of this Decision until fully paid.
The letter dated November 26, 2018 by CCSupt. Richard W. Schwarzkopf, Jr., Director, Directorate for Security and Operations, Bureau of Corrections, Muntinlupa City, pursuant to the Resolution dated August 1, 2018, informing the Court that accused-appellant Luisito Ilao y Deomampo alias "Louie" was received for confinement at the New Bilibid Prison, Muntinlupa City, on January 6, 2018; the Office of the Solicitor General's manifestation in lieu of supplemental brief, pursuant to the Resolution dated August 1, 2018, stating that it will no longer file a supplemental brief considering that the guilt of the accused have been exhaustively discussed in its Appellee's Brief; and the accused-appellant's manifestation, pursuant to the Resolution dated August 1, 2018, stating that he repleads and adopts all the defenses and arguments raised in his Appellant's Brief, are all NOTED.
SO ORDERED."Carandang, J.,on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1.ART. 266-A. Rape, When and How committed. — Rape is committed —
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances
a. Through force, threat or intimidation;
xxx xxx xxx
2.ART. 266-B. Penalties. — Rape under paragraph 1 of the next preceding article shall be punished by reclusionperpetua.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusionperpetua to death.*
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusionperpetua to death.*
When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusionperpetua to death.*
The death penalty* shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim.
2. When the victim is under the custody of the police or military authorities or any law enforcement or penal institution.
3. When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity.
4. When the victim is a religious engagedin legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime.
5. When the victim is a child below seven (7) years old.
6. When the offender knows that he is afflicted with the Human Immuno-DeficiencyVirus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim.
7. When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime.
8. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability.
9. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime.
10. When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.
Rape under paragraph 2 of the next preceding article shall be punished byprisionmayor.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall beprisionmayorto reclusiontemporal.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.
When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.
When by reason or on the occasion of the rape, homicide is committed, the penalty shall be reclusionperpetua.
Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/qualifying circumstances mentioned in this article. (Republic Act No. 8353)
(*Only the penalty of reclusionperpetua may be imposed under Republic Act No. 9346)