THIRD DIVISION
[G.R. No. 234287. January 30, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. DOMINADOR TEVES, JR., accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated January 30, 2019, which reads as follows:
"G.R. No. 234287 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee, v. DOMINADOR TEVES, JR., accused-appellant). — The Court of Appeals elevated the records of this case to this Court on September 7, 2017 1 in compliance with its July 4, 2017 Resolution, 2 which gave due course to the Notice of Appeal filed by accused-appellant Dominador Teves, Jr.
In its November 27, 2017 Resolution, 3 this Court noted the records of the case forwarded by the Court of Appeals, and informed accused-appellant and plaintiff-appellee People of the Philippines, through the Office of the Solicitor General, that they may file their supplemental briefs.
In its July 4, 2018 Resolution, 4 this Court noted the Manifestations filed by accused-appellant 5 and plaintiff-appellee, 6 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-appellant for his failure to sufficiently show any reversible error in the assailed Court of Appeals May 18, 2017 Decision, 7 warranting the exercise of this Court's appellate jurisdiction.
WHEREFORE, this Court ADOPTS the findings of fact and conclusions of law of the Court of Appeals in CA-G.R. CR-HC No. 08183 and AFFIRMS its finding of guilt for two (2) counts of rape defined under Article 266-A and penalized under Article 266-B of the Revised Penal Code, as amended, and two (2) counts in violation of Section 5 (b) of Republic Act No. 7610.
Accused-appellant Dominador Teves, Jr. shall serve the penalty of imprisonment of reclusion perpetua and pay: (1) Seventy-Five Thousand Pesos (P75,000.00) to indemnify the victim; (2) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages; and (4) the costs of suit for each count of rape.
Likewise, he is sentenced to twelve (12) years, five (5) months, and eleven (11) days of reclusion temporal, as minimum, to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, as maximum, and to indemnify the victim, pay: (1) Twenty Thousand Pesos (P20,000.00) as civil indemnity; (2) Fifteen Thousand Pesos (P15,000.00) as moral damages; (3) Fifteen Thousand Pesos (P15,000.00) as exemplary damages; and (4) a fine of Fifteen Thousand Pesos (P15,000.00) for each count of sexual abuse. 8
All damages awarded shall be subject to the rate of six percent (6%) per annum from the finality of this Resolution until fully paid. 9
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, p. 1.
2.Id. at 19.
3.Id. at 21-22.
4.Id. at 30-31.
5.Id. at 25-29.
6.Id. at 32-36.
7.Id. at 2-15. The Decision was penned by Associate Justice Mario V. Lopez and concurred in by Associate Justices Rodil V. Zalameda and Eduardo B. Peralta, Jr. of the Special Second Division, Court of Appeals, Manila.
8.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
9.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].