FIRST DIVISION
[G.R. No. 239897. March 11, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.LUIS MANUEL, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated March 11, 2019which reads as follows:
"G.R. No. 239897 (People of the Philippines v. Luis Manuel). — After review of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in upholding accused-appellant Luis Manuel's conviction for the crimes of acts of lasciviousness, statutory rape by sexual assault, and statutory rape by sexual intercourse.
The Court finds, however, that pursuant to People v. Jugueta, 1 the award of damages must be modified. As regards statutory rape by sexual intercourse, the award should be P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. As to statutory rape by sexual assault, based on prevailing jurisprudence, 2 the award of damages should be P30,000.00 as civil indemnity, P30,000.00 as moral damages, and P30,000.00 as exemplary damages.
WHEREFORE, the Court AFFIRMS the Decision of the Court of Appeals dated January 15, 2018 in CA-G.R. CR-HC No. 07881, finding accused-appellant Luis Manuel GUILTY of: (1) one count of acts of lasciviousness; (2) one count of statutory rape by sexual assault; and (3) one count of statutory rape by sexual intercourse. This Court, however, MODIFIES the award of civil liability for statutory rape by sexual intercourse to P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages; and for statutory rape by sexual assault to P30,000.00 as civil indemnity, P30,000.00 as moral damages, and P30,000.00 as exemplary damages.
The amount of damages awarded shall have an interest of 6% per annum from the date of finality of judgment until fully paid.
The Office of the Solicitor General's manifestation, pursuant to the Resolution dated August 1, 2018, stating that it shall no longer file a supplemental brief as the arguments raised by the accused-appellant had already been discussed and refuted in the appellee's brief dated September 27, 2016; and the accused-appellant's manifestation in lieu of supplemental brief, pursuant to the Resolution dated August 1, 2018, stating that the accused-appellant's brief filed before the Court of Appeals will be adopted as his supplemental brief for the same had adequately discussed all the matters pertinent to his defense, are both NOTED. EATCcI
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. G.R. No. 202124, April 5, 2016, 788 SCRA 331.
2.People v. De Chavez, G.R. 218427, January 31, 2018; People v. Bolo, G.R. No. 217024, August 15, 2016, 800 SCRA 276 citing People v. Salvador, G.R. No. 207815, June 22, 2015, 760 SCRA 180.