FIRST DIVISION
[G.R. No. 212812. November 12, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ALBERT JUGANAS y BALMEO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedNovember 12, 2014which reads as follows: cDCEIA
"G.R. No. 212812 (People of the Philippines v. Albert Juganas y Balmeo). — The accused-appellant's manifestation, in lieu of supplemental brief, that he will no longer file a supplemental brief and adopting the Appellant's Brief dated April 13, 2012 as his supplemental brief; and the Office of the Solicitor General's manifestation and compliance, stating that it is no longer submitting a supplemental brief since its Appellee's Brief dated September 21, 2012 had already exhaustively and extensively discussed and refuted all the issues and arguments raised by appellant in his brief are both NOTED.
After a judicious perusal of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. However, the Court deems it proper to award exemplary damages in the amount of P30,000.00, to conform with prevailing jurisprudence. 1
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the December 9, 2013 Decision 2 of the CA in CA-G.R. CR-HC No. 05226 and AFFIRMS said Decision finding accused-appellant Albert Juganas y Balmeo GUILTY beyond reasonable doubt of the crime of Simple Rape, in violation of paragraph 1 (a), Article 266-A of the Revised Penal Code, with MODIFICATIONS as to the award of exemplary damages and eligibility for parole, sentencing him to suffer the penalty of reclusion perpetua, without eligibility for parole, and to pay the following amounts: (a) P50,000.00 as civil indemnity; (b) P50,000.00 as moral damages; and (c) P30,000.00 as exemplary damages, plus legal interest of six percent (6%) per annum on all amounts imposed from the finality of this judgment until full payment.
SO ORDERED."SERENO, C.J., on official travel; DEL CASTILLO, J., acting member per S.O. No. 1862 dated November 4, 2014. BERSAMIN, J., on official travel; VELASCO, JR., J., acting member per S.O. No. 1870 dated November 4, 2014.
Very truly yours,
(SGD.) EDGAR O. ARICHETADivision Clerk of Court
Footnotes
1. See People v. Isla, G.R. No. 199875, November 21, 2012, 686 SCRA 267.
2.Rollo, pp. 2-10. Penned by Associate Justice Mario V. Lopez with Associate Justices Jose C. Reyes, Jr. and Socorro B. Inting, concurring.