SECOND DIVISION
[G.R. No. 205762. March 8, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ERNIE PALOMO, REX A. PADILLA and JERRY PRUDENTE,accused; REX A. PADILLA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated08 March 2017which reads as follows:
"G.R. No. 205762: PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. ERNIE PALOMO, REX A. PADILLA and JERRY PRUDENTE, accused; REX A. PADILLA, accused-appellant.
The Court of Appeals elevated the records of the case to this Court pursuant to its Resolution, which gave due course to the Notice of Appeal filed by accused-appellant, Rex A. Padilla. 1
In a Resolution dated April 8, 2013, 2 this Court noted the records forwarded by the Court of Appeals and informed the parties that they could file their supplemental briefs.
On March 31, 2014, accused-appellant filed his Supplemental Brief. 3
On April 30, 2014, the Office of the Solicitor General filed a Manifestation, 4 on behalf of the People of the Philippines, stating that it will no longer file a supplemental brief.
After an evaluation of the records of the case, the Court resolves to dismiss the appeal of accused-appellant Rex A. Padilla (Padilla) for his failure to sufficiently show reversible error in the challenged decision warranting the exercise of this Court's appellate jurisdiction. EcTCAD
Due to the heinousness of the crime, as well as the depravity of the offense in that Padilla, and his co-accused Ernie Palomo and Jerry Prudente raped and killed 14-year-old AAA, 5 and in accordance with People v. Jugueta,6 where this Court increased the award of civil indemnity, moral damages, and exemplary damages, we exercise our judicial prerogative and increase the damages to P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages.
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Regional Trial Court and the Court of Appeals. The Decision of the Court of Appeals in CA-G.R. CEB CR-HC No. 00278 is hereby AFFIRMED with MODIFICATION. We find accused Rex A. Padilla GUILTY beyond reasonable doubt of the crime of RAPE with HOMICIDE. They are sentenced to suffer the penalty of reclusion perpetua, without eligibility for parole, with all the accessory penalties provided by law and to jointly and severally pay the heirs of AAA the amounts of P100,000.00 as indemnity for her death, P100,000.00 as moral damages, P100,000.00 as exemplary damages, and P50,000.00 as temperate damages. SDHTEC
All monetary awards for damages shall earn interest at the legal rate of six percent (6%) per annum from the date of the finality of this judgment until fully paid.
SO ORDERED.Jardeleza, J., designated as Fifth Member of the Second Division had prior participation in the subject case as Solicitor General per S.O. No. 2416 dated 4 January 2017; Velasco, Jr., J., designated as Fifth Member of the Second Division relative to this case per S.O. No. 2416-U dated 4 January 2017."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 53.
3.Id. at 85-119.
4.Id. at 121-122.
5. Under Republic Act No. 9262 also known as "Anti-Violence Against Women and Their Children Act of 2004" and its implementing rules, the real name of the victim and those of her immediate family members are withheld and fictitious initials are instead used to protect the victim's privacy.
6. G.R. No. 202124, April 5, 2016, <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/april2016/202124.pdf [Per J. Peralta, En Banc].