SECOND DIVISION
[G.R. No. 230725. November 20, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. JAYVEE SORIANO y SORIA, JEFFRIC ESUSAN y GINTE, and ANGEL DOMINGO y POLIDARIO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated20 November 2017which reads as follows: ICHDca
"G.R. No. 230725 (People of the Philippines v. Jayvee Soriano y Soria, Jeffric Esusan y Ginte, and Angel Domingo y Polidario)
After a judicious study of the case, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction. However, in light of prevailing jurisprudence, particularly, People v. Jugueta, 1 the Court deems it proper to adjust the award of damages in favor of victim AAA. 2
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the September 28, 2016 Decision 3 of the CA in CA-G.R. CR-HC No. 06796 and AFFIRMS with MODIFICATION said Decision finding accused-appellants Jayvee Soriano y Soria, Jeffric Esusan y Ginte, and Angel Domingo y Polidario GUILTY beyond reasonable doubt of Rape, as defined and penalized under Article 266-A of the Revised Penal Code, sentencing each of them to suffer the penalty of reclusion perpetua and ordering them to pay AAA the following amounts: (a) P75,000.00 as civil indemnity; (b) P75,000.00 as moral damages; and (c) P75,000.00 as exemplary damages, with legal interest at the rate of 6% per annum on all amounts due from the date of finality of this Resolution until full payment.
SO ORDERED. (PERALTA, J., no part. TIJAM, J., additional member per raffle dated November 20, 2017. REYES, JR., J., on official leave)"
Very truly yours,
MA. LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1. G.R. No. 202124, April 5, 2016, 788 SCRA 331, 387-388.
2. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. (RA) 7610, entitled "AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES," approved on June 17, 1992; RA 9262, entitled "AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES," approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the "Rule on Violence against Women and Their Children," approved on November 15, 2004.
3.Rollo, pp. 2-20. Penned by Associate Justice Nina G. Antonio-Valenzuela with Associate Justices Fernanda Lampas Peralta and Jane Aurora C. Lantion concurring.