THIRD DIVISION
[G.R. No. 214776. February 27, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ERBITO LUCERO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 27, 2019, which reads as follows:
"G.R. No. 214776 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. ERBITO LUCERO, accused-appellant). — This Court resolves the appeal of the September 30, 2011 Decision 1 of the Regional Trial Court, which found accused-appellant Erbito Lucero guilty of statutory rape under Article 266-A of the Revised Penal Code and sentenced him to reclusion perpetua and the payment of: (1) P50,000.00 as civil indemnity; and (2) P75,000.00 as moral damages. The Court of Appeals affirmed the ruling of the trial court in its September 27, 2013 Decision in CA-G.R. CR HC No. 05339. 2
The records of this case were forwarded to this Court on November 3, 2014, 3 in accordance with the Court of Appeals November 11, 2013 Resolution, 4 which gave due course to the Notice of Appeal. 5 In its December 3, 2014 Resolution, 6 this Court noted the records and required the parties to submit their respective supplemental briefs. Both accused-appellant and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, manifested that they were no longer submitting supplemental briefs and moved that this Court instead consider the arguments in their briefs submitted before the Court of Appeals. 7
After consideration of the parties' arguments and the records of this case, this Court resolves to DISMISS the appeal of accused-appellant for failing to show any reversible error in the assailed Court of Appeals Decision, warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals in its September 27, 2013 Decision in CA-G.R. CR HC No. 05339, finding accused-appellant Erbito Lucero GUILTY beyond reasonable doubt of statutory rape under Article 266-A of the Revised Penal Code and sentencing him to suffer the penalty of reclusion perpetua.
In view of People v. Jugueta, 8 the award of damages is MODIFIED. Accused-appellant is ordered to pay the victim: (1) One Hundred Thousand Pesos (P100,000.00) as civil indemnity; (2) One Hundred Thousand Pesos (P100,000.00) as moral damages; and (3) One Hundred Thousand Pesos (P100,000.00) as exemplary damages.
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until its full satisfaction. 9
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. CA rollo, pp. 23-50. The Decision, in Criminal Case No. 999-T, was penned by Judge Modesto L. Quismorio, Jr. of Branch 25, Regional Trial Court, Tagudin, Ilocos Sur.
2.Rollo, pp. 2-12. The Decision was penned by Associate Justice Jane Aurora C. Lantion, and concurred in by Associate Justices Vicente S.E. Veloso and Eduardo B. Peralta, Jr. of the Twelfth Division, Court of Appeals, Manila.
3.Id. at 1.
4.Id. at 16.
5.Id. at 13-15.
6.Id. at 18.
7.Id. at 20-24 and 25-28.
8. 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
9.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].