SECOND DIVISION
[G.R. No. 218697. January 25, 2016.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSEPH JAWOD Y CANTUBA A.K.A. "JOJO" AND ERICSON VIERNES Y COMIA A.K.A. "ERICK", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 25 January 2016 which reads as follows:
"G.R. No. 218697 — (People of the Philippines v. Joseph Jawod y Cantuba a.k.a. "Jojo" and Ericson Viernes y Comia a.k.a. "Erick")
The records of this case were elevated to this Court on July 8, 2015, pursuant to the Resolution of the Court of Appeals (CA), dated September 30, 2014, which gave due course to the notice of appeal filed by Joseph Jawod y Cantuba a.k.a. "Jojo" and Ericson Viernes y Comia a.k.a. "Erick" (accused-appellants).
The Court then issued its Resolution, dated August 5, 2015, which directed both parties to submit their supplemental briefs, if they so desired. On October 13, 2015, the Office of the Solicitor General, filed a manifestation stating that it was no longer submitting a supplemental brief as its Appellee's Brief had sufficiently ventilated the issues raised. On October 22, 2015, the accused-appellants filed a manifestation averring that they were adopting their Appellants' Brief filed before the CA.
After a perusal of the records of the case, the Court resolves to dismiss the appeal for failure of the accused-appellants to sufficiently show reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.
The award of damages, however, must be modified to conform to the prevailing jurisprudence, as follows: P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages. Interest should also be imposed on all the damages awarded at the legal rate of 6% per annum from the finality of the judgment until fully paid. 1
WHEREFORE, the April 30, 2013 Decision of the Regional Trial Court, Branch 263, Marikina City, is hereby MODIFIED to read as follows:
WHEREFORE, finding accused-appellants, Joseph Jawod y Cantuba a.k.a. "Jojo" and Ericson Viernes y Comia a.k.a. "Erick", GUILTY beyond reasonable doubt of the crime of Rape, the Court hereby sentences each of them to suffer the penalty of Reclusion Perpetua and to pay the private complainant the following amount: P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P25,000.00 as exemplary damages. All amounts are subject to interest at the rate of 6% per annum from the date of finality of this judgment until fully paid. CAIHTE
SO ORDERED."
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. People v. Garchitorena y Camba, 614 Phil. 66-94 (2009).