SECOND DIVISION
[G.R. No. 219091. January 25, 2016.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RUEL LORENZO Y ALPARO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated25 January 2016 which reads as follows:
"G.R. No. 219091 (People of the Philippines v. Ruel Lorenzo y Alparo)
The records of this case were elevated to this Court on July 29, 2015, pursuant to the Court of Appeals (CA) Resolution, dated February 10, 2015, which gave due course to the notice of appeal filed by Ruel Lorenzo y Alparo (accused-appellant).
In a Resolution, 1 dated August 24, 2015, the Court notified the parties that they could file their respective supplemental briefs, if they so desired, within thirty (30) days from notice.
In its Manifestation and Motion, 2 dated October 22, 2015, the Office of the Solicitor General stated that it would no longer file a supplemental brief and would adopt its Appellee's Brief before the CA. In his Manifestation in lieu of Supplemental Brief, 3 dated October 15, 2015, accused-appellant stated that he would no longer file his supplemental brief as the issues had been discussed in his Appellant's brief.
After a perusal of the records of the case, the Court resolves to dismiss the appeal for failure of the accused-appellant to sufficiently show reversible error in the challenged decision to warrant the exercise of the Court's appellate jurisdiction.
The Court, however, finds that the award of damages by the CA should be modified. In People v. Gambao, 4 the Court set the minimum indemnity and damages where death is the penalty warranted by the facts but is not imposable under the present law, as follows:
1. P100,000.00 as civil indemnity;
2. P100,000.00 as moral damages which the victim is assumed to have suffered and thus needs no proof; and
3. P100,000.00 as exemplary damages to set an example for the public good. 5
WHEREFORE, the May 30, 2013 Decision of the Regional Trial Court, Branch 34, Calamba City in Criminal Case No. 13423-2005-C (P), however, is MODIFIED to read as follows:
WHEREFORE, finding accused Ruel Lorenzo y Alparo guilty beyond reasonable doubt of QUALIFIED RAPE, the Court hereby sentences him to suffer the penalty of reclusion perpetua without eligibility for parole; to pay AAA the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages and P100,000.00 as exemplary damages. The amounts of damages awarded shall have an interest of 6% per annum from the date of finality of judgment until fully paid.
SO ORDERED." HCaDIS
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. Rollo, pp. 17-18.
2. Id. at 27-28.
3. Id. at 19-20.
4. G.R. No. 172707, October 1, 2013, 706 SCRA, 508.
5. Id. at 535.