SECOND DIVISION
[G.R. No. 233691. March 21, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ROCSAN MARCO y AREVALO AND RALF ANTHONY NIERE y LOZANO, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated21 March 2018which reads as follows: AIDSTE
"G.R. No. 233691 (People of the Philippines v. Rocsan Marco y Arevalo and Ralf Anthony Niere y Lozano)
After a judicious study of the case, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the March 27, 2017 Decision 1 of the CA in CA-G.R. CR-HC No. 07932 and AFFIRMS said Decision finding accused-appellant Rocsan Marco y Arevalo (Marco) GUILTY beyond reasonable doubt of one (1) count of Rape and accused-appellant Ralf Anthony Niere y Lozano (Niere) GUILTY beyond reasonable doubt of two (2) counts of Rape, all defined and penalized under Article 266-A, in relation to Article 266-B of the Revised Penal Code. Accordingly, Marco is sentenced to suffer the penalty of reclusion perpetua, and ordered to pay AAA 2 the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages. On the other hand, Niere is sentenced to suffer the penalty of reclusion perpetua for each count of Rape, and ordered to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages, for each count of Rape. Finally, all monetary awards in favor of AAA shall earn legal interest at the rate of 6% per annum from the date of finality of this Resolution until full payment.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 2-11. Penned by Associate Justice Mario V. Lopez with Associate Justices Remedios A. Salazar-Fernando and Eduardo B. Peralta, Jr. concurring.
2. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES; Republic Act No. 9262, AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "Rule on Violence against Women and Their Children," effective November 15, 2004.