THIRD DIVISION
[G.R. No. 233203. January 7, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. RODANTE RIVERA y CAYETUNA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJanuary 7, 2019, which reads as follows:
"G.R. No. 233203 — (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. RODANTE RIVERA Y CAYETUNA, accused-appellant). — The Court of Appeals elevated the records of this case to this Court on August 23, 2017 in compliance with its May 3, 2017 Resolution, 1 which gave due course to the Notice of Appeal filed by accused-appellant Rodante C. Rivera.
In its October 4, 2017 Resolution, 2 this Court noted the case records forwarded by the Court of Appeals, and informed accused-appellant and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, that they may file their supplemental briefs.
In its February 5, 2018 Resolution, 3 this Court noted the Manifestations filed by accused-appellant 4 and plaintiff-appellee, 5 stating that they would no longer file supplemental briefs.
After an evaluation of the case records, this Court resolves to DISMISS the Appeal of accused-appellant for his failure to sufficiently show reversible error in the assailed Court of Appeals February 8, 2017 Decision, 6 warranting the exercise of this Court's appellate jurisdiction.
In line with current jurisprudence, 7 this Court increases the civil, moral, and exemplary damages to P75,000.00.
WHEREFORE, in view of the foregoing, this Court ADOPTS the findings of fact and conclusions of law in the February 8, 2017 Decision of the Court of Appeals in CA-G.R. CR-HC No. 01385-MIN, and AFFIRMS with MODIFICATION the finding of guilt for three (3) counts of rape under Article 266-A and Article 266-B of the Revised Penal Code, as amended. Accused-appellant Rodante C. Rivera shall serve the penalty of imprisonment of reclusion perpetua. For each count, he is ordered to pay: (1) P75,000.00 to indemnify the victim; (2) P75,000.00 as moral damages; (3) P75,000.00 as exemplary damages; and (4) the costs of suit. Interest is imposed on all damages awarded at the annual rate of six percent (6%) from the finality of this Resolution until fully paid. 8
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 22.
2.Id. at 24-25.
3.Id. at 39-40.
4.Id. at 35-38.
5.Id. at 26-31.
6.Id. at 3-18. The Decision, in the case docketed as CA-G.R. CR-HC No. 01385-MIN, was penned by Associate Justice Edgardo A. Camello and concurred in by Associate Justices Perpetua T. Atal-Paño and Ruben Reynaldo G. Roxas of the Special Twenty-Second Division, Court of Appeals, Cagayan de Oro City.
7.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
8.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].