FIRST DIVISION
[G.R. No. 242688. September 9, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ERROL PASCUAL y TANGCA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 9, 2019which reads as follows:
"G.R. No. 242688 (People of the Philippines v.Errol Pascual y Tangca)
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. Tulagan, 2 and the facts proved in this case, the Court deems it proper to categorize the crime as Lascivious Conduct, under Section 5 (b) of Republic Act No. (RA) 7610, 3 otherwise known as the "Special Protection of Children against Abuse, Exploitation and Discrimination Act," and to modify the penalty and award of damages imposed on accused-appellant Errol Pascual y Tangca (Pascual).
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the April 26, 2018 Decision 4 of the CA in CA-G.R. CR-HC No. 09177 and AFFIRMS with MODIFICATION said Decision finding Pascual GUILTY beyond reasonable doubt of the crime of Lascivious Conduct, under Section 5 (b) of RA 7610. Accordingly, he is sentenced to suffer the penalty of imprisonment for an indeterminate period of ten (10) years and two (2) months of prision mayor, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum, and to pay AAA 5 the following amounts: (a) P50,000.00 as civil indemnity; (b) P50,000.00 as moral damages; and (c) P50,000.00 as exemplary damages. 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."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. See Notice of Appeal with Compliance (Receipt of Decision) dated May 15, 2018; rollo, pp. 11-12.
2. See G.R. No. 227363, March 12, 2019.
3. Entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION, AND FOR OTHER PURPOSES," approved on June 17, 1992.
4.Rollo, pp. 3-10. Penned by Associate Justice Japar B. Dimaampao with Associate Justices Manuel M. Barrios and Renato C. Francisco, concurring.
5. 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; 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.