THIRD DIVISION
[G.R. No. 238997. April 8, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JOEY QUINTO y SIMBAHAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated April 8, 2019, which reads as follows:
"G.R. No. 238997 (People of the Philippines v. Joey Quinto y Simbahan). — The Court NOTES accused-appellant's Manifestation dated March 8, 2019, in compliance with the Resolution dated October 17, 2018, stating that he already filed his manifestation in lieu of supplemental brief on September 6, 2018 as shown in the attached receiving copy.
Considering the allegations, issues and arguments presented in the appellant's and the appellee's briefs which the parties adopted instead of filing their respective supplementary appeal briefs, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its appealed Decision 1 dated March 30, 2017 in CA-G.R. CR-HC No. 06962, as to warrant the exercise of the Court's appellate jurisdiction.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated March 30, 2017 of the Court of Appeals in CA-G.R. CR-HC No. 06962, and AFFIRMS the said Decision, finding appellant Joey Quinto y Simbahan guilty beyond reasonable doubt of Simple Rape as defined and penalized under Articles 266-A and 266-B of the Revised Penal Code, as amended, with MODIFICATION, deleting the phrase "without eligibility for parole under Act No. 4180" on the penalty imposed, reclusion perpetua, and increasing the award of exemplary damages to P75,000.00, in line with current jurisprudence. 2 The Court also AFFIRMS the Decision of the Court of Appeals in ordering appellant to pay the private complainant, AAA, P22,748.74 as actual damages, P75,000.00 as civil indemnity, and P75,000.00 as moral damages, and in imposing a legal interest at the rate of six percent (6%) per annum on all damages awarded from finality of this Resolution until fully paid. cDHAES
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 2-21.
2.People v. Jugueta, 783 Phil. 806 (2016).