THIRD DIVISION
[G.R. No. 248084. September 23, 2020.]
PEOPLE OF THE PHILIPPINES, accused-appellee, vs. MARVIN NAGUM y BASA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated September 23, 2020, which reads as follows:
"G.R. No. 248084 (People of the Philippines v. Marvin Nagum y Basa). — After a perusal of the records of the case, this Court resolves to dismiss the appeal for failure of accused-appellant Marvin Nagum y Basa to sufficiently show that the Court of Appeals (CA) erred in upholding his conviction for the crime of rape under Article 266-A of the Revised Penal Code and for violation of Section 10 (a), Article VI of Republic Act No. (R.A) 7610.
On the award of damages, the Regional Trial Court (RTC) and CA properly awarded the damages on the crime of rape in keeping with the case of People v. Jugueta. 1 However, the RTC and CA did not award any damages on the crime of child abuse under Section 10 (a), Art. VI of R.A. 7610. In the case of Patulot v. People, 2 this Court awarded P10,000.00 as moral damages to the minor victims who were similarly subjected to physical abuse violating Section 10 (a), Art. VI of R.A. 7610. In this case, We deem that the award of P10,000.00 as moral damages is proper.
WHEREFORE, the appeal is DISMISSED. The Decision dated February 28, 2018 of Court of Appeals in CA-G.R. CR-HC No. 08918 is AFFIRMED with MODIFICATION in that complainant is, in addition to the damages awarded in the crime of rape, also entitled to the award of moral damages in the amount of P10,000.00 in the crime of child abuse under Sec. 10 (a), Article VI of Republic Act No. 7610.
The award of damages shall likewise be subject to an interest of six percent (6%) per annum reckoned from the finality of this Resolution until full payment.
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1. 783 Phil. 806 (2016).
2. G.R. No. 235071, January 7, 2019.