THIRD DIVISION
[G.R. No. 209208. August 7, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. MELCHOR LACSON Y CRISOSTOMO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated August 7, 2017, which reads as follows:
"G.R. No. 209208 (People of the Philippines v. Melchor Lacson y Crisostomo) — For review is the Decision 1 dated April 16, 2013 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 05433, which affirmed the January 24, 2012 Decision 2 of the Regional Trial Court, Branch 64 in Labo, Camarines Norte, in Criminal Case No. 04-1196, finding accused-appellant Melchor Lacson y Crisostomo guilty of rape under Article 266-A of the Revised Penal Code.
After a perusal of the records of the case, this Court resolves to DISMISS the appeal for failure of the accused-appellant to sufficiently show any reversible error in the assailed CA Decision.
We, however, find the necessity to modify the awards of civil indemnity and moral damages, and to further award exemplary damages, to conform to the damages set out in People v. Jugueta, 3 which states:
"II. For Simple Rape/Qualified Rape:
xxx xxx xxx
2.1 Where the penalty imposed is reclusion perpetua, other than the above-mentioned:
a. Civil indemnity — P75,000.00
b. Moral damages — P75,000.00
c. Exemplary damages — P75,000.00"
Further, consistent with present jurisprudence, the legal rate of 6% interest per annum is imposed on all monetary awards from date of finality of this Resolution until fully paid. 4
WHEREFORE, this Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated April 16, 2013 of the Court of Appeals in CA-G.R. CR-HC No. 05433, which affirmed the January 24, 2012 Decision of the Regional Trial Court, Branch 64, Labo, Camarines Norte in Criminal Case No. 04-1196, finding accused-appellant Melchor Lacson y Crisostomo GUILTY of rape and sentencing him to suffer the penalty of reclusion perpetua, with the MODIFICATION that accused-appellant is ordered to pay "AAA" PhP75,000 as civil indemnity, PhP75,000 as moral damages, and PhP75,000 in exemplary damages, all with interest at the rate of 6% per annum from the time of finality of this Resolution until fully paid.
(Jardeleza, J., no part, due to his prior action as Solicitor General; Martires, J., designated additional Member per Raffle dated July 3, 2017.)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Penned by Associate Justice Priscilla J. Baltazar-Padilla and concurred by Associate Justices Rosalinda Asuncion-Vicente and Agnes Reyes-Carpio; rollo, pp. 2-22.
2. CA rollo, pp. 55-65.
3. G.R. No. 202124, April 5, 2016, 788 SCRA 331, 383.
4.People v. Bañez, 770 Phil. 40 (2015).