THIRD DIVISION
[G.R. No. 222575. February 19, 2020.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. AGAPITO ROSCUAL y AUGUIS, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedFebruary 19, 2020, which reads as follows:
"G.R. No. 222575 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. AGAPITO ROSCUAL y AUGUIS, accused-appellant). — The Court of Appeals elevated the records of this case to this Court in compliance with its November 24, 2015 Resolution, 1 which gave due course to the Notice of Appeal 2 filed by accused-appellant Agapito Roscual. HTcADC
On March 14, 2016, this Court noted 3 the records forwarded by the Court of Appeals, and informed accused-appellant and plaintiff-appellee, through the Office of the Solicitor General, that they may file their Supplemental Briefs.
On July 7, 2016, this Court issued a Resolution 4 noting the Manifestation 5 filed by both plaintiff-appellee and accused-appellant that they will no longer be filing their respective 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 any reversible error in the challenged Court of Appeals Decision. 6
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Regional Trial Court and the Court of Appeals. The Court of Appeals' September 4, 2015 Decision in CA-G.R. CEB-HC. No. 01741 is AFFIRMED with MODIFICATION. This Court finds accused-appellant Agapito Roscual y Auguis GUILTY beyond reasonable doubt of the crime of rape.
He is sentenced to suffer the penalty of reclusion perpetua and ordered to pay AAA the amounts of: (1) P75,000.00 as civil indemnity; (2) P75,000.00 as moral damages; and (3) P75,000.00 as exemplary damages. 7
All damages awarded shall be subject to the interest rate of six percent (6%) per annum from the finality of this Resolution until fully paid. 8
SO ORDERED."
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1. CA rollo, p. 99.
2.Id. at 88-89.
3.Rollo, pp. 23-24.
4.Id. at 36-37.
5.Id. at 25-27.
6.Id. at 4-17. The Decision dated September 4, 2015 was penned by Associate Justice Germano Francisco D. Legaspi and concurred in by Associate Justices Pamela Ann Abella Maxino, Chair, and Jhosep Y. Lopez of the Twentieth Division, Court of Appeals, Cebu City.
7.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc] and People v. Tulagan, G.R. No. 227363, March 12, 2019, [Per J. Peralta, En Banc], available at http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65020.
8.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].