SECOND DIVISION
[G.R. No. 240691. June 15, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ARMEL OBILLE y JACUSALEM, CHRISTOPHER CASTAÑEDA y COLLADO, ANDY PUNZALAN, LENNY RAMOS, AND WALLY VALDES, accused;
ARMEL OBILLE, CHRISTOPHER CASTAÑEDA, AND ANDY PUNZALAN, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated15 June 2020which reads as follows:
"G.R. No. 240691 (People of the Philippines v. Armel Obille y Jacusalem, Christopher Castañeda y Collado, Andy Punzalan, Lenny Ramos, and Wally Valdes, Accused; Armel Obille, Christopher Castañeda, and Andy Punzalan, Accused-appellants). — After a judicious study of the case, the Court resolves to DISMISS the appeal 1 for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. However, in light of prevailing jurisprudence, particularly, People v. Tampus, 2 the Court deems it proper to adjust the award of damages imposed against Lenny Ramos (Lenny).
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the June 30, 2017 Decision 3 of the CA in CA-G.R. CR-HC No. 05384 and AFFIRMS with MODIFICATION said Decision as follows: (a) accused-appellants Armel Obille y Jacusalem and Christopher Castañeda y Collado are found GUILTY beyond reasonable doubt of the complex crime of Forcible Abduction with Rape and four (4) counts of Rape. Accordingly, they are both sentenced to suffer the penalty of reclusion perpetua for each crime, and to pay private complainant AAA 4 the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages for each crime, and cost of suit; (b) accused-appellant Andy Punzalan is found GUILTY beyond reasonable doubt of the complex crime of Forcible Abduction with Rape and three (3) counts of Rape. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua for each crime, and to pay AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages for each crime, and cost of suit; and (c) Lenny is found GUILTY beyond reasonable doubt as an accomplice of the complex crime of Forcible Abduction with Rape. Accordingly, she is sentenced to suffer the penalty of imprisonment for an indeterminate period of eight (8) years and one (1) day of prison mayor in its medium, as minimum, to fourteen (14) years, eight (8) months, and one (1) day of reclusion temporal in its medium, as maximum for each crime. Being an accomplice, Lenny is held solidarily liable with the principal only for half of the award of damages and their subsidiary liability shall be imposed in accordance with Article 110 of the Revised Penal Code. 5 Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of the finality of this Resolution until full payment.
SO ORDERED. (Gaerlan, J., designated Additional Member per Special Order No. 2780 dated May 11, 2020)."
Very truly yours,
(SGD.) TERSITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. See Notice of Appeal dated July 25, 2017; rollo, pp. 16-18.
2. 607 Phil. 296, 326 (2009).
3.Rollo, pp. 2-15. Penned by Associate Justice Zenaida T. Galapate-Laguilles with Associate Justices Japar B. Dimaampao and Franchito N. Diamante, concurring.
4. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. (RA) 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "RULE ON VIOLENCE AGAINST WOMEN AND THEIR CHILDREN" (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled "PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES," dated September 5, 2017) See further People v. Ejercito, G.R. No. 229861, July 2, 2018.
5. See Garces v. People, 554 Phil. 683, 699 (2007).