People v. Nepomuceno, Jr.
This is a criminal case, *People of the Philippines v. Antonio Nepomuceno, Jr.*, which was elevated to the Supreme Court after the accused-appellant, Antonio Nepomuceno, Jr., filed a Notice of Appeal. The Supreme Court found that the accused-appellant failed to show any reversible error in the Court of Appeals' decision, and therefore dismissed the appeal. The Court of Appeals' decision, which found the accused-appellant guilty of statutory rape and rape by sexual assault, was affirmed with modification. The accused-appellant was ordered to pay the victim civil indemnity, moral damages, and exemplary damages for both crimes, with all damages to earn interest at the legal rate of six percent (6%) per annum from the finality of the resolution until fully paid. (Word count: 179)
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THIRD DIVISION
[G.R. No. 227092. February 5, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO NEPOMUCENO, JR., alias "Balco," accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedFebruary 5, 2020, which reads as follows:
"G.R. No. 227092 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. ANTONIO NEPOMUCENO, JR., alias "Balco," accused-appellant). — The Court of Appeals elevated the records of this case to this Court in compliance with its January 26, 2016 Resolution, 1 which gave due course to the Notice of Appeal filed by accused-appellant Antonio Nepomuceno, Jr. HTcADC
In its November 16, 2016 Resolution, 2 this Court noted the records forwarded by the Court of Appeals and informed accused-appellant, and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, that they may file their supplemental briefs.
In its April 19, 2017 Resolution, 3 this Court noted accused-appellant's Supplemental Brief and appellee's Supplemental Brief.
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 challenged Court of Appeals November 3, 2015 Decision, 4 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Regional Trial Court and the Court of Appeals. The Court of Appeals' November 3, 2015 Decision in CA-G.R. CR-HC No. 06915 is AFFIRMED with MODIFICATION. This Court finds accused-appellant Antonio Nepomuceno, Jr. GUILTY beyond reasonable doubt of the crimes of statutory rape and rape by sexual assault.
For the crime of statutory rape, he is ordered to pay the victim: 5 (1) P75,000.00 as civil indemnity; (2) P75,000.00 as moral damages; and (3) P75,000.00 as exemplary damages. For the crime of rape by sexual assault, he must further pay the victim: (1) P50,000.00 as civil indemnity; 6 (2) P50,000.00 as moral damages; 7 and (3) P50,000.00 as exemplary damages. 8
All damages awarded shall earn interest at the legal rate of six percent (6%) per annum from the finality of this Resolution until fully paid. 9
SO ORDERED."
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 22.
3.Id. at 72.
4.Id. at 2-16. The Decision was penned by Associate Justice Agnes Reyes-Carpio and concurred in by Associate Justices Romeo F. Barza and Elihu A. Ybañez of the Special First Division, Court of Appeals, Manila.
5.People v. Jugueta, 783 Phil. 806, 839 (2016) [Per J. Peralta, EnBanc].
6.People v. Tulagan, G.R. No. 227363, March 12, 2019, [Per J. Peralta, EnBanc], available at http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65020.
7.Id.
8.Id.
9.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, EnBanc].
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