THIRD DIVISION
[G.R. No. 226477. October 3, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.LINO PAGTALUNAN y BATUMBAKAL, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated October 3, 2018, which reads as follows:
"G.R. No. 226477 — (People of the Philippines, plaintiff-appellee, v. Lino Pagtalunan y Batumbakal, accused-appellant.) — The Court of Appeals elevated the records of this case to this Court on September 9, 2016 1 pursuant to its December 18, 2015 Resolution, 2 which gave due course to the Notice of Appeal 3 filed by accused-appellant Lino Pagtalunan y Batumbakal.
In its November 23, 2016 Resolution, 4 this Court noted the records of this case forwarded by the Court of Appeals and informed the parties that they may file their supplemental briefs.
In its June 7, 2017 Resolution, 5 this Court noted the manifestations filed by accused-appellant 6 and the Office of the Solicitor General, 7 noting that they would no longer file supplemental briefs.
After an evaluation of the records of this case, this Court resolves to DISMISS the appeal of accused-appellant for his failure to sufficiently show any reversible error in the assailed Court of Appeals October 30, 2015 Decision 8 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, in view of the foregoing, this Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals in CA-G.R. CR-HC No. 06850 and AFFIRMS the finding of guilt of accused-appellant Lino Pagtalunan y Batumbakal for the crime of Rape defined under Article 266-A and penalized under Article 266-B of the Revised Penal Code, as amended. He shall serve the penalty of reclusión perpetua and pay the victim P50,000.00 as civil indemnity, P50,000.00 as moral damages, P30,000.00 as exemplary damages, and the costs of suit. All amounts of damages shall earn legal interest rate of six percent (6%) per annum from the finality of this Resolution until fully paid. ETHIDa
SO ORDERED."Gesmundo, J., on official business.
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 19.
3.Id. at 16.
4.Id. at 23-24.
5.Id. at 35-36.
6.Id. at 25-29.
7.Id. at 30-34.
8.Id. at 2-15. The Decision, docketed as CA-G.R. CR-HC No. 06850, was penned by Associate Justice Sesinando E. Villon and concurred in by Associate Justices Rodil V. Zalameda and Myrna V. Garcia-Fernandez of the Special Eleventh Division, Court of Appeals, Manila.