SECOND DIVISION
[G.R. No. 203104. September 8, 2014.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. SALVADOR RUBIA y PRIOL, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated08 September 2014which reads as follows: HTcADC
G.R. No. 203104 — People of the Philippines, plaintiff-appellee vs. Salvador Rubia y Priol, accused-appellant.
After a careful review of the records of the case, the Court finds the appeal to be lacking in merit. Both the Regional Trial Court of Calabanga, Camarines Sur, Branch 63 and the Court of Appeals correctly found appellant Salvador Rubia y Priol guilty beyond reasonable doubt of two counts of rape and accordingly sentenced him to suffer the penalty of reclusion perpetua for each count. Furthermore, appellant is not eligible for parole pursuant to Section 3 of Republic Act No. 9346 (An Act Prohibiting the Imposition of Death Penalty in the Philippines). The awards of moral damages in the amount of P50,000.00 and exemplary damages in the amount of P30,000.00, for each count, are proper. However, the award of civil indemnity for each count must be increased to P75,000.00 in line with prevailing jurisprudence. Moreover, interest at the rate of 6% per annum shall be imposed on all damages awarded pursuant to jurisprudence and Circular No. 799, series of 2013 of the Bangko Sentral ng Pilipinas.
WHEREFORE, the assailed February 9, 2012 Decision of the Court of Appeals in CA-G.R. CR H.C. No. 04619 finding appellant Salvador Rubia y Priol guilty beyond reasonable doubt of two counts of rape and sentencing him to suffer the penalty of reclusion perpetua and ordering him to pay "AAA" the amounts of P50,000.00 as moral damages and P30,000.00 as exemplary damages, for each count, is AFFIRMED with MODIFICATIONS in that the appellant is not eligible for parole; the award of civil indemnity is increased to P75,000.00 for each count; and interest at the rate of 6% per annum is imposed on all damages awarded from date of judgment until full payment. (Mendoza, J., on leave under the Court's Wellness Program from Sept. 1-15, 2014; Villarama, Jr., J., designated as Acting Member per S.O. No. 1767 dated August 27, 2014).
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court