THIRD DIVISION
[G.R. No. 230780. December 13, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. REGALADO MIRANDA y DINEROS, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedDecember 13, 2017, which reads as follows: TCAScE
"G.R. No. 230780 (People of the Philippines vs. Regalado Miranda y Dineros). — The Court NOTES:
(1) the letter dated August 24, 2017 of P/Supt. I Roberto R. Rabo, Superintendent of the New Bilibid Prison, Bureau of Corrections, Muntinlupa City, informing the Court that accused-appellant is confined at the Assessment Rehabilitation Program Development and Monitoring Division of the prison;
(2) accused-appellant's Manifestation in Lieu of Supplemental Brief dated August 18, 2017 stating that he would no longer file a supplemental brief as he had exhaustively argued all the relevant issues in his appellant's brief; and
(3) the Office of the Solicitor General's Manifestation and Motion (Re: Supplemental Brief) dated August 1, 2017 stating that it would no longer file a supplemental brief as its appellee's brief had sufficiently addressed the issues and arguments raised by appellant.
Considering the allegations, 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 November 4, 2016 as to warrant the exercise of the Court's appellate jurisdiction.
With regard to the damages awarded, however, this Court, in conformity with prevailing jurisprudence on damages for Rape under Art. 266-A (1) of the Revised Penal Code, 1 modifies the decision in that the P50,000.00 moral damages and P50,000.00 civil indemnity are each increased to P75,000.00. In addition, exemplary damages shall be increased to P75,000.00.
IN VIEW OF THE FOREGOING, the CA Decision dated November 4, 2016 in CA-G.R. CR-H.C. No. 07289 finding Regalado Miranda y Dineros guilty of rape is hereby AFFIRMED with MODIFICATION. The awards of civil indemnity, moral damages, and exemplary damages are respectively increased to P75,000.00. (Bersamin, J., on leave)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. See People v. Jugueta, G.R. No. 202124, April 5, 2016.