SECOND DIVISION
[G.R. No. 215721. July 1, 2015.]
PEOPLE OF THE PHILIPPINES,plaintiff-appellee,vs. FLORO SAMONTE Y CLAVANO,accused-appellant.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 01 July 2015 which reads as follows:
"G.R. No. 215721 — People of the Philippines v. Floro Samonte y Clavano.
The records of this case were elevated to this Court on January 7, 2015, pursuant to the July 15, 2014 Resolution of the Court of Appeals, which gave due course to the notice of appeal filed by the accused, Floro Samonte y Clavano.
The Court resolves to:
(1) NOTE the Letter, dated March 20, 2015, of the Bureau of Corrections, Muntinlupa City, confirming the confinement of the accused at the New Bilibid Prison since December 17, 2012;
(2) NOTE the Manifestions (In Lieu of Supplemental Brief), dated April 1, 2015 and April 16, 2015, filed by the Office of the Solicitor General and the accused, respectively, stating that both were dispensing with the filing of a supplemental brief as they had already exhaustively discussed the issues and the arguments in their respective briefs; and
(3) DISMISS the appeal of the accused for his failure to sufficiently show reversible error in the challenged decision warranting the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the June 25, 2014 Decision of the Court of Appeals in CA G.R. CR-HC No. 05800; quoted as follows:
1) In Crim Case Nos. 4062 and 406, accused-appellant Floro Samonte is hereby held GUILTY beyond reasonable doubt for two (2) counts of simple rape and that, for each count, he is hereby sentenced to suffer the penalty of reclusion perpetua, and ordered to pay the private complainant AAA 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; CAIHTE
2) In Crim Case No. 4067 accused-appellant Floro Samonte is hereby held GUILTY beyond reasonable doubt for simple rape and that he is hereby sentenced to suffer the penalty of reclusion perpetua and ordered to pay the private complainant BBB 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.
3) In Crim Case No. 4069, the accused-appellant Floro Samonte is hereby held GUILTY beyond reasonable doubt for rape through sexual assault and that he is hereby sentenced to suffer the penalty of imprisonment for six (6) years of prision correctional, as minimum, to ten (10) years of prision mayor, as maximum, and ordered to pay private complainant CCC Thirty Thousand Pesos (P30,000.00) as civil indemnity, Thirty Thousand Pesos (P30,000.00) as moral damages; and Twenty-Five Thousand Pesos (P25,000.00) as exemplary damages;
4) In Crim Case No. 4064, finding the accused-appellant Floro Samonte is hereby held GUILTY beyond reasonable doubt for acts of lasciviousness and that he is hereby sentenced to suffer the penalty of imprisonment for two (2) months and one (1) day of arresto mayor, as minimum, to four (4) years and two (2) months of prision correccional, as maximum, and ordered to pay the private complainant BBB Twenty Thousand Pesos (P20,000.00) as civil indemnity; Thirty Thousand Pesos (P30,000.00) as moral damages; and Two Thousand Pesos (P2,000.00) as exemplary damages; and
5) Accused-appellant Floro Samonte is further ordered to pay private complainants interest on all damages awarded at the legal rate of six percent 6% per annum from date of finality of this judgment. 1(Brion, J., on leave, Bersamin, J., designated Acting Member, per Special Order No. 2079, dated June 29, 2015)
SO ORDERED."
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 27-29.