THIRD DIVISION
[G.R. No. 240435. July 17, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.LORETO MERGINIO y DODNIDON A.K.A. "ASWANG", accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJuly 17, 2019, which reads as follows:
"G.R. No. 240435 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. LORETO MERGINIO y DODNIDON a.k.a. "ASWANG," accused-appellant). — The Court of Appeals elevated 1 to this Court the records of this case in accordance with its December 21, 2017 Resolution, 2 which gave due course to the Notice of Appeal 3 filed by accused-appellant Loreto Merginio y Dodnidon.
In its August 13, 2018 Resolution, 4 this Court noted the records of this case forwarded by the Court of Appeals and required accused-appellant and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, to file their respective supplemental briefs.
In its January 23, 2019 Resolution, 5 this Court noted the separate Manifestations filed by plaintiff-appellee 6 and accused-appellant, 7 stating that they would no longer file supplemental briefs, and that accused-appellant would adopt his Brief before the Court of Appeals. HTcADC
After an evaluation of the case records, this Court resolves to dismiss the appeal of accused-appellant for his failure to sufficiently show any reversible error in the assailed Court of Appeals Decision, 8 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, the Court of Appeals' October 27, 2017 Decision in CA-G.R. CR HC No. 08435 is AFFIRMED with MODIFICATION:
1. In Criminal Case Nos. SC-9202 and SC-9203, accused-appellant Loreto Merginio y Dodnidon a.k.a "Aswang" is found GUILTY beyond reasonable doubt of lascivious conduct under Section 5 (b) of Republic Act No. 7610. 9 He is sentenced to suffer the penalty of reclusion perpetua for each count. He is further DIRECTED to pay the victim, AAA, the amounts of: (1) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; (2) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; and (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages, for each count. 10
2. In Criminal Case Nos. SC-9204 and SC-9452, accused-appellant is found GUILTY beyond reasonable doubt of qualified rape, as punished under Article 266-B of the Revised Penal Code, and is sentenced to suffer the penalty of reclusion perpetua for each count. He is further DIRECTED to pay the victim, AAA, the amounts of: (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, for each count. 11 CAIHTE
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. 12
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 29.
3.Id. at 26-28.
4.Id. at 31-32.
5.Id. at 47-48.
6.Id. at 41-46.
7.Id. at 36-40.
8.Id. at 2-25. The Decision was penned by Associate Justice Jane Aurora C. Lantion, and concurred in by Associate Justices Manuel M. Barrios and Maria Filomena D. Singh of the Special Third Division, Court of Appeals, Manila.
9.People v. Caoili, G.R. Nos. 196342 and 196848, August 8, 2017, 835 SCRA 107, 157 [Per J. Tijam, En Banc]. See also Dimakuta v. People, 771 Phil. 641 (2015) [Per J. Peralta, En Banc].
10.Id.
11.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
12.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].