THIRD DIVISION
[G.R. No. 241018. June 26, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.ALDRIN JOHN C. SALUDARES, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 26, 2019, which reads as follows:
"G.R. No. 241018 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. ALDRIN JOHN C. SALUDARES, accused-appellant). — In accordance with the Court of Appeals' March 16, 2018 Resolution, 1 the records of this case were elevated to this Court on August 17, 2018. 2 The Resolution gave due course to the Notice of Appeal 3 filed by accused-appellant Aldrin John C. Saludares.
In compliance with this Court's September 19, 2018 Resolution, 4 accused-appellant 5 and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, 6 separately manifested that they were no longer filing supplemental briefs as they have already stated their arguments in their respective Briefs before the Court of Appeals.
After an evaluation of the records of this case, this Court resolves to DISMISS accused-appellant's appeal for his failure to sufficiently show any reversible error in the challenged July 18, 2017 Decision 7 of the Court of Appeals, warranting the exercise of this Court's appellate jurisdiction. HTcADC
WHEREFORE, the July 18, 2017 Decision of the Court of Appeals in CA-G.R. CR-HC No. 07762 is AFFIRMED. Accused-appellant Aldrin John C. Saludares is found GUILTY beyond reasonable doubt of two (2) counts of statutory rape under Article 266-A (1) (d) of the Revised Penal Code in Criminal Case Nos. R-QZN-13-03491 and R-QZN-13-03492.
Accused-appellant is sentenced to the penalty of reclusion perpetua. He is also ordered to pay the victim: (1) One Hundred Thousand Pesos (P100,000.00) as civil indemnity; (2) One Hundred Thousand Pesos (P100,000.00) as moral damages; and (3) One Hundred Thousand Pesos (P100,000.00) as exemplary damages in Criminal Case Nos. R-QZN-13-03491 and R-QZN-13-03492.
The penalty in Criminal Case No. R-QZN-13-03493 is MODIFIED. Accused-appellant is found GUILTY of rape by sexual assault under Article 266-A (2) of the Revised Penal Code in relation to Article II, Section 5 (b) of Republic Act No. 7610. He is sentenced to the indeterminate penalty of twelve (12) years, ten (10) months, and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months, and twenty (20) days of reclusion temporal, as maximum. He is further ordered to pay the victim: (1) Fifty Thousand Pesos (P50,000.00) as civil indemnity; (2) Fifty Thousand Pesos (P50,000.00) as moral damages; and (3) Fifty Thousand Pesos (P50,000.00) as exemplary damages. CAIHTE
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from finality of this Resolution until its full satisfaction. 8
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 23.
2.Id. at 1.
3.Id. at 20-22.
4.Id. at 25-26.
5.Id. at 38-42.
6.Id. at 27-32.
7.Id. at 2-19. The Decision was penned by Associate Justice Marie Christine Azcarraga-Jacob, and concurred in by Associate Justices Apolinario D. Bruselas, Jr. and Danton Q. Bueser of the Thirteenth Division, Court of Appeals, Manila.
8.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].