FIRST DIVISION
[G.R. No. 234820. June 25, 2018.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. GERALD RIVERA y LOZA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 25, 2018which reads as follows: cHDAIS
"G.R. No. 234820 (People of the Philippines v. Gerald Rivera y Loza). — After review of the records, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in upholding the conviction of accused-appellant Gerald Rivera y Loza.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated July 24, 2017 of the Court of Appeals in CA-G.R. CR No. 08399 and AFFIRMS the Decision: (1) finding accused-appellant GUILTY beyond reasonable doubt of rape in violation of paragraph 1 (d), Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353, and sentencing him to suffer the penalty of reclusion perpetua; (2) increasing the awards of civil indemnity and moral and exemplary damages in separate amounts of P75,000.00 to complainant in accordance with prevailing jurisprudence; 1 and (3) imposing interest at the rate of 6% per annum on all the monetary awards computed from the finality of this Resolution until full satisfaction thereof.
The Office of the Solicitor General's manifestation and motion (in lieu of supplemental brief), pursuant to the Resolution dated January 8, 2018, stating that it is dispensing with the filing of supplemental brief as the facts, issues and pertinent arguments involved in the present case have been succinctly discussed in its Brief for the Plaintiff-Appellee dated April 24, 2017 and praying that it be allowed to adopt said brief as its supplemental brief; and the accused-appellant's manifestation (in lieu of supplemental brief), pursuant to the Resolution dated January 8, 2018, stating that he will no longer file a supplemental brief considering that the assigned error had been exhaustively discussed in the Appellant's Brief dated December 14, 2016 and is adopting the same as his supplemental brief, are NOTED.
SO ORDERED."Leonardo-De Castro, J., on official leave; Del Castillo, J., designated as Acting Chairperson of the First Division per Special Order No. 2562 dated June 20, 2018; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018. ISHCcT
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331, 359-365.