SECOND DIVISION
[G.R. No. 212210. January 21, 2015.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ALBERTO KATIPUNAN y DE GUZMAN @ "TIKTOK", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated21 January 2015which reads as follows: HTcADC
G.R. No. 212210: PEOPLE OF THE PHILIPPINES v. ALBERTO KATIPUNAN Y DE GUZMAN @ "Tiktok"
Pursuant to its Resolution dated October 29, 2013, the Court of Appeals elevated the records of this case to this court. The Resolution gave due course to accused-appellant Alberto Katipunan's Notice of Appeal. 1
In compliance with this court's Resolution 2 dated July 7, 2014, accused-appellant Alberto Katipunan and plaintiff-appellee People of the Philippines manifested that they would no longer file their respective supplemental briefs, as they had already stated their arguments in their respective briefs filed before the Court of Appeals. 3
After an evaluation of the case records, this court resolves to ADOPT and APPROVE the findings of fact and conclusions of law of the Court of Appeals in its Decision promulgated on September 30, 2013, in CA-G.R. CR-H.C. No. 05526. However, the award of damages is modified.
In view of our Decision in People v. Gambao, 4 the award to AAA of civil indemnity and moral damages should be increased from P55,000.00 each to P150,000.00 each. AAA should also be awarded exemplary damages of P100,000.00.
WHEREFORE, this court AFFIRMSwithMODIFICATION the Court of Appeals' Decision promulgated on September 30, 2013, in CA-G.R. CR-H.C. No. 05526, finding accused-appellant Alberto Katipunan GUILTY beyond reasonable doubt of the crime of rape as defined in 266-A par. 1 (b) of the Revised Penal Code, as amended. 5 He is sentenced to suffer the penalty of reclusion perpetua without possibility of parole, in accordance with Republic Act No. 9346. 6
The awards to AAA are MODIFIED. Accused-appellant is ordered to pay AAA P150,000.00 as civil indemnity, P150,000.00 as moral damages, and P100,000.00 as exemplary damages, with an interest of 6% per annum from the finality of this Decision until the full amount of the award is paid. (Brion, J., on leave; Velasco, Jr., J., designated acting member per S.O. No. 1910 dated January 12, 2015.)
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. CA rollo, p. 122.
2.Rollo. p. 16.
3.Id. at 18-19 and 24-26.
4. G.R. No. 172707, October 1, 2013, 706 SCRA 508, 533-534 [Per J. Perez, En Banc].
5. Rep. Act No. 8353 (1997), An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same as a Crime Against Persons, Amending for the Purpose Act No. 3815, as Amended, Otherwise Known as the Revised Penal Code, and for Other Purposes.
6. Rep. Act No. 9346 (2006), An Act Prohibiting the Imposition of Death Penalty in the Philippines.