FIRST DIVISION
[G.R. No. 242530. August 20, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner,vs. GLEN "GLEN DIABLO" OCAMPO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 20, 2019which reads as follows:
"G.R. No. 242530 (People of the Philippines v. Glen "Glen Diablo" Ocampo)
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. Jugueta, 2 the Court deems it proper to impose interest on all monetary awards.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the May 31, 2018 Decision 3 of the CA in CA-G.R. CR-HC No. 07763 and AFFIRMS with MODIFICATION said Decision finding accused-appellant Glen "Glen Diablo" Ocampo GUILTY beyond reasonable doubt of two (2) counts of Qualified Rape, defined and penalized under Article 266-A, in relation to Article 266-B of the Revised Penal Code. Accordingly, he is sentenced to suffer the penalty of reclusion perpetua, 4 without eligibility for parole, 5 and to pay AAA 6 the following amounts for each count: (a) P100,000.00 as civil indemnity; (b) P100,000.00 as moral damages; (c) P100,000.00 as exemplary damages; and (d) costs of suit. Moreover, all monetary awards shall earn an interest at the legal rate of six percent (6%) per annum from the date of finality of this Resolution until full payment.
SO ORDERED."Bersamin, C.J.andGesmundo, J.,both on official leave.
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. See Notice of Appeal dated June 25, 2018; rollo, pp. 17-19.
2.People v. Jugueta, 783 Phil. 806, 849 (2016).
3.Rollo, pp. 2-16. Penned by Associate Justice Ronaldo Roberto B. Martin with Associate Justices Ricardo R. Rosario and Eduardo B. Peralta, Jr., concurring.
4. See Section 2 of Republic Act No. (RA) 9346 entitled "AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES," approved on June 24, 2006.
5. See Section 3 of RA 9346. Per A.M. No. 15-08-02-SC entitled "GUIDELINES FOR THE PROPER USE OF THE PHRASE 'WITHOUT ELIGIBILITY FOR PAROLE' IN INDIVISIBLE PENALTIES" (August 4, 2015).
6. 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 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. To note, the unmodified CA Decision was not attached to the records to verify the real name of the victim.