THIRD DIVISION
[G.R. No. 208447. February 5, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ZALDY ROUERO Y PANGAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 5, 2014, which reads as follows:
"G.R. No. 208447 (People of the Philippines v. Zaldy Rouero y Pangan). — The records of this case were elevated to this Court on August 27, 2013, pursuant to the March 14, 2013 Resolution of the Court of Appeals (CA), which gave due course to the notice of appeal filed by the accused, Zaldy Rouero y Pangan.
The Court resolves to:
(1) NOTE the Letter, dated November 27, 2013 of P/Supt. IV Venancio J. Tesoro, Superintendent, New Bilibid Prison, Bureau of Corrections, Muntinlupa City, confirming the confinement of the accused therein since September 9, 2011;
(2) NOTE the Manifestation and Motion, dated November 22, 2013, filed by the Office of the Solicitor General, stating that it would no longer file a supplemental brief and that it was adopting its appellee's brief, the same having adequately discussed the accused-appellant's guilt, and praying that this manifestation and motion be considered sufficient compliance with the Resolution, dated November 21, 2013; TEcADS
(3) NOTE the Manifestation in Lieu of Supplemental Brief, dated December 2, 2013, stating that he would no longer file a supplemental brief and that, instead, he was adopting all the arguments raised in his appellant's brief, the same having already extensively discussed and the established absence of his guilt proof of beyond reasonable doubt; and
(4) DISMISS the appeal of the accused-appellant for his failure to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction. Thus, the February 18, 2013 Decision of the CA is affirmed with the modification that civil indemnity in the amount of Fifty Thousand Pesos (P50,000.00), moral damages in the amount of Fifty Thousand Pesos (P50,000.00), and exemplary damages in the amount of Thirty thousand Pesos (P30,000.00) be awarded, in line with recent jurisprudence. 1
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the February 18, 2013 Decision of the Court of Appeals in CA G.R. CR-HC No. 05211, as follows:
a. In Criminal Case Nos. 126718-H, 126719-H, 126720-H, 126721-H, finding the accused, Zaldy Rouero y Pangan, GUILTY beyond reasonable doubt of rape and sentencing him to suffer the penalty of reclusion perpetua without eligibility for parole and to pay the offended party the amount of Fifty Thousand Pesos (P50,000.00) as civil indemnity, Fifty Thousand Pesos (P50,000.00) as moral damages, and Thirty Thousand Pesos (P30,000.00) as exemplary damages. These awards shall be for each count of rape committed against the offended party. STADIH
b. In Criminal Case No. 126722-H, finding the accused, Zaldy Rouero y Pangan, GUILTY beyond reasonable doubt of acts of lasciviousness under Article 336 of the Revised Penal Code, as amended, and sentencing him to suffer the indeterminate penalty of imprisonment within the range of six (6) months of arresto mayor, as minimum, to four (4) years and two (2) months of prision correcional, as maximum, and to pay the offended party the amount of Twenty Thousand Pesos (P20,000.00) as civil indemnity, Fifteen Thousand Pesos (P15,000.00) as moral damages and Fifteen Thousand Pesos (P15,000.00) as fine.
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1. People v. Caoile, G.R. No. 203041, June 5, 2013.