SECOND DIVISION
[G.R. No. 203460. July 8, 2015.]
PEOPLE OF THE PHILIPPINES,plaintiff-appellee,vs. FELIPE NACHOR Y OMAYAN,accused-appellant.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 08 July 2015 which reads as follows:
"G.R. No. 203460 — People of the Philippines, plaintiff-appellee v. Felipe Nachor y Omayan, accused-appellant.
After a careful review of the records of the case, the Court finds the appeal to be lacking in merit. We thus adopt and affirm the findings of fact of the trial court as affirmed by the Court of Appeals. Both the trial court and the Court of Appeals correctly found appellant Felipe Nachor y Omayan guilty beyond reasonable doubt of two counts of qualified rape and accordingly sentenced him to suffer the penalty of reclusion perpetua without eligibility for parole pursuant to Section 3 of Republic Act No. 9346 (An Act Prohibiting The Imposition of Death Penalty in the Philippines), for each count. The awards of civil indemnity in the amount of P75,000.00; moral damages in the amount of P75,000.00; and exemplary damages in the amount of P30,000.00, must however be modified and increased to P100,000.00 each, for each count, pursuant to prevailing jurisprudence. 1 Moreover, interest at the rate of 6% per annum shall be imposed on all damages awarded from date of finality of this resolution until full payment.
WHEREFORE, the assailed February 10, 2012 Decision of the Court of Appeals in CA-G.R. CR H.C. No, 04735 finding appellant Felipe Nachor y Omayan guilty beyond reasonable doubt of two counts of qualified rape and sentencing him to suffer the penalty of reclusion perpetua without eligibility for parole, for each count, is AFFIRMED with MODIFICATIONS that, for each count of qualified rape, appellant is ordered to pay "AAA" civil indemnity in the amount of P100,000.00; moral damages in the amount of P100,000.00; and exemplary damages in the amount of P100,000.00. Moreover, all damages awarded shall earn interest at the rate of 6% per annum from date of finality of this resolution until full payment. (Del Castillo, J., designated as Acting Chairman of the Second Division in view of the leave of absence of Brion, J., per Special Order 2087 [REVISED] dated July 1, 2015; Peralta, J., designated as Acting Member in view of leave of absence of Carpio, J.; per Special Order No. 2088 dated July 1, 2015, Bersamin, J., designated as Acting Member in view of the leave of absence of Brion, J., per Special Order 2079 dated June 29, 2015). aTHCSE
SO ORDERED."
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. People vs. Gambao, G.R. No. 172707, October 1, 2013, 706 SCRA 508, 535.