SECOND DIVISION
[G.R. No. 208166. March 16, 2016.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NESTOR RAQUEDAN Y MANZANO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 16 March 2016 which reads as follows:
"G.R. No. 208166 — People of the Philippines, plaintiff-appellee, v. Nestor Raquedan y Manzano, accused-appellant.
After a thorough review of the records of this case, the Court finds the appeal to be lacking in merit. We therefore adopt the findings of facts of the trial court as affirmed by the Court of Appeals. Appellant Nestor Raquedan y Manzano was correctly found guilty beyond reasonable doubt of the crime of rape, with the concurrence of the qualifying circumstances of minority and relationship, and properly sentenced to suffer the penalty of reclusion perpetua, in lieu of the death penalty, without eligibility of parole. The awards of civil indemnity and moral damages must be modified while exemplary damages must be granted pursuant to prevailing jurisprudence. 1 Thus, "AAA" is entitled to P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages.
WHEREFORE, we ADOPT the findings of the trial court as affirmed by the Court of Appeals. The assailed January 24, 2013 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 04844 affirming with modifications the December 30, 2010 Judgment of the Regional Trial Court of Biñan, Laguna, Branch 24 finding appellant Nestor Raquedan y Manzano guilty beyond reasonable doubt of rape in Criminal Case No. 13737-B, sentencing him to suffer the penalty of reclusion perpetua without eligibility for parole, ordering him to pay "AAA" civil indemnity and moral damages, and imposing interest at the rate of 6% per annum on all damages awarded is AFFIRMED with the further MODIFICATIONS that the awards of civil indemnity and moral damages are increased to P100,000.00 each, exemplary damages in the amount of P100,000.00 is awarded.
SO ORDERED. (Brion, J., on leave; Leonen, J., on official leave under the Court's Wellness Program)"
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. People v. Gamboa, G.R. No. 172707, October 1, 2013, 706 SCRA 508, 533.