SECOND DIVISION
[G.R. No. 229357. April 16, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.SAMUEL PERALTA y MARCOS, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated16 April 2018which reads as follows: DACcIH
"G.R. No. 229357 (People of the Philippines v. Samuel Peralta y Marcos)
After a judicious study of the case, the Court resolves to DISMISS the appeal 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, 1 the Court deems it proper to adjust the award of damages in favor of AAA. 2
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the February 24, 2016 Decision 3 of the CA in CA-G.R. CR-HC No. 06963 and AFFIRMS with MODIFICATION said Decision finding accused-appellant Samuel Peralta y Marcos GUILTY beyond reasonable doubt of the crime of Rape, as 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 and ordered to pay AAA the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; and (c) P75,000.00 as exemplary damages, with legal interest at the rate of 6% per annum on all amounts due from the date of finality of this Resolution until full payment.
SO ORDERED."
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.People v. Jugueta, 783 Phil. 806, 848 (2016). See also People v. Ohayas, G.R. No. 207516, June 19, 2017.
2. 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 THEREFORE, 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" effective November 15, 2004. See footnote 4 in People v. Cadano, Jr., 729 Phil. 573, 578 (2014); citations omitted. (People v. Bagamano, G.R. No. 222658, [August 17, 2016])
3.Rollo, pp. 2-17. Penned by Associate Justice Normandie B. Pizarro with Associate Justices Samuel H. Gaerlan and Ma. Luisa C. Quijano-Padilla concurring.