THIRD DIVISION
[G.R. No. 232351. November 10, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARCHEL SOBERANO y VICTORIO and AJAY DE GUZMAN y DUMAWAL, accused-appellants.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated November 10, 2021, which reads as follows:
"G.R. No. 232351 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee, v. ARCHEL SOBERANO y VICTORIO and AJAY DE GUZMAN y DUMAWAL, accused-appellants.) — The Court of Appeals elevated 1 the records of this case to this Court pursuant to its January 19, 2017 Resolution, 2 which gave due course to the Notice of Appeal 3 filed by accused-appellants Archel Soberano y Victorio and Ajay De Guzman y Dumawal.
In its June 25, 2018 Resolution, 4 this Court noted the records of this case forwarded by the Court of Appeals and required the parties to file their respective supplemental briefs.
In its July 10, 2019 Resolution, 5 this Court noted the separate Manifestations filed by the Office of the Solicitor General, 6 on behalf of plaintiff-appellee People of the Philippines, and accused-appellants, 7 stating that they would no longer file supplemental briefs.
After an evaluation of the case records, this Court resolves to dismiss the appeal of accused-appellants for their failure to sufficiently show any reversible error in the assailed Decision 8 of the Court of Appeals as to warrant the exercise of this Court's appellate jurisdiction.
WHEREFORE, the Court of Appeals' November 23, 2016 Decision in CA-G.R. CR-HC No. 06644 is AFFIRMED with MODIFICATIONS.
Accused-appellants Archel Soberano y Victorio and Ajay De Guzman y Dumawal are found GUILTY beyond reasonable doubt of rape, punished under Article 266-B of the Revised Penal Code, and are each sentenced to suffer the penalty of reclusion perpetua. They are each ORDERED to pay AAA civil indemnity, moral damages, and exemplary damages worth P75,000.00 each. 9
Accused-appellants Archel Soberano y Victorio and Ajay De Guzman y Dumawal are likewise found GUILTY beyond reasonable doubt of violation of Republic Act No. 7610, Section 5 (b), and are each sentenced to suffer the penalty of imprisonment of 12 years, 10 months and 21 days of reclusion temporal, to 17 years of reclusion temporal. They are each ORDERED to pay AAA civil indemnity and moral damages worth P50,000.00 each. 10
All damages awarded shall be subject to interest at the rate of 6% per annum from the finality of this Resolution until their full satisfaction. 11
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, p. 1. The case records were elevated on July 12, 2017.
2.Id. at 26.
3.Id. at 23-25.
4.Id. at 31-32.
5.Id. at 43.
6.Id. at 33-37.
7.Id. at 38-41.
8.Id. at 2-22. The November 23, 2016 Decision in CA-G.R. CR-HC No. 06644 was penned by Associate Justice Eduardo B. Peralta, Jr., and concurred in by Noel G. Tijam (now a retired member of this Court) and Francisco P. Acosta of the Fourth Division of the Court of Appeals, Manila.
9.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
10.People v. Tulagan, G.R. No. 227363, March 12, 2019 <https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65020> [Per J. Peralta, En Banc].
11.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].