THIRD DIVISION
[G.R. No. 207626. June 4, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELEAZAR GUARDARAMA MARAMBA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated June 4, 2014, which reads as follows:
"G.R. No. 207626 (People of the Philippines v. Eleazar Guardarama Maramba). — After considering the allegation, issues, and arguments presented, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed decision dated December 10, 2012 as to warrant the exercise of the court's appellate jurisdiction.
However, since the law does not impose the penalty of fine in acts of lasciviousness, that penalty cannot be imposed upon accused-appellant.
Moreover, current jurisprudence on rape requires that award for civil indemnity, moral damages, and exemplary damages be increased to P100,000 each, with an interest of 6% per annum on the total amount from the finality of the Court's resolution.
WHEREFORE, the Court hereby AFFIRMS the Court of Appeals decision dated December 10, 2012, which found accused-appellant Eleazar Guardarama Maramba guilty beyond reasonable doubt of the crimes of Acts of Lasciviousness in Criminal Case No. 14491 and Rape in Criminal Case No. 14469. The Court, however, MODIFIES the award in Criminal Case No. 14491, and ORDERS accused-appellant to pay the victim P15,000 as moral damages, P15,000 as exemplary damages, and P20,000 as civil indemnity, with an interest of 6% from finality of this Resolution until fully paid. HIaTDS
The Court also MODIFIES the award in Criminal Case No. 14469, and ORDERS accused-appellant to pay the victim P100,000 as moral damages, P100,000.00 as exemplary damages, and P100,000 as civil indemnity, with an interest of 6% from finality of this resolution until fully paid. (Villarama, Jr., J., designated Acting Member in view of the vacancy in the Third Division per Special Order No. 1691 dated May 22, 2014.)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court