SECOND DIVISION
[G.R. No. 213917. March 15, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. ELADIO PAGAYANAN y MACAWILE, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated15 March 2017which reads as follows:
"G.R. No. 213917: PEOPLE OF THE PHILIPPINES v. ELADIO PAGAYANAN y MACAWILE
This Court resolves via Section 13 (c) of Rule 124 of the Revised Rules of Criminal Procedure the appeal of the Decision of the Regional Trial Court of Balangiga, Eastern Samar, Branch 42, which found accused-appellant Eladio Pagayanan y Macawile guilty of rape under Article 266-A of the Revised Penal Code, as amended. The trial court sentenced him to reclusion perpetua, and to pay P50,000.00 as civil indemnity and P50,000.00 as moral damages. 1
The Court of Appeals, Cebu City affirmed the ruling of the trial court in CA-G.R. CEB-CR-HC No. 00778 dated January 28, 2014, with modifications. Exemplary damages of P30,000.00 were added. The legal interest of 6% was also imposed on all damages awarded from finality of judgment until its full satisfaction. 2
The records of this case were forwarded to this Court on September 11, 2014, 3 pursuant to the Resolution 4 by the Court of Appeals dated July 14, 2014, which gave due course to the Notice of Appeal. 5 In a Resolution 6 dated October 15, 2014, this Court noted the records and required the parties to submit their respective supplemental briefs. Both parties manifested that they were no longer submitting supplemental briefs, and moved that this Court instead consider the arguments in their briefs submitted before the Court of Appeals. 7
After consideration of the parties' arguments and the records of this case, this Court resolves to DISMISS the appeal of the accused-appellant for failing to show reversible error in the assailed decision warranting this Court's appellate jurisdiction. CAIHTE
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals, Cebu City in its Decision dated January 28, 2014 in CA-G.R. CEB-CR-HC No. 00778, which found the accused-appellant Eladio Pagayanan y Macawile GUILTY beyond reasonable doubt of rape under Article 266-A of the Revised Penal Code, as amended, and sentenced him to suffer the penalty of reclusion perpetua. aScITE
In view of the promulgation of People v. Jugueta,8 the amounts of damages to be awarded are hereby MODIFIED. Accused-appellant Eladio Pagayanan y Macawile is hereby ordered to pay the offended party the amounts of: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; and (c) P75,000.00 as exemplary damages.
All damages shall earn at the legal rate of six percent (6%) per annum from finality of judgment until its full satisfaction.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. CA rollo, p. 53.
2.Rollo, p. 12.
3.Id. at 1.
4.Id. at 17. The Resolution was penned by Associate Justice Edgardo L. Delos Santos and concurred in by Associate Justices Marilyn B. Lagura-Yap and Jhosep Y. Lopez of the Nineteenth Division, Court of Appeals Cebu City.
5.Id. at 14.
6.Id. at 20.
7.Id. at 22 and 26.
8. 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].