THIRD DIVISION
[G.R. No. 210433. August 7, 2017.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. TIWERS BACBAC LUNA, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated August 7, 2017, which reads as follows:
"G.R. No. 210433 (People of the Philippines v. Tiwers Bacbac Luna). — The records of this case were elevated to this Court pursuant to the Resolution 1 dated July 17, 2013 of the Court of Appeals (CA) which gave due course to the accused-appellant Tiwers Bacbac Luna's Notice of Appeal.
On February 5, 2015, this Court issued a Resolution 2 wherein it notified both parties to file their respective supplemental briefs. In lieu, however, thereof, the Public Attorney's Office filed a Manifestation 3 wherein it stated that it is adopting in toto the contents and substance of its Appellant's Brief filed in the CA. Also, the Office of the Solicitor General filed its Manifestation 4 wherein it submitted that it is no longer necessary to file any supplemental brief.
After a perusal of the records of the case, this Court resolves to DISMISS the appeal for failure of accused-appellant to sufficiently show any reversible error in the assailed Decision 5 dated May 29, 2013 of the CA.
In view of current jurisprudence, 6 however, this Court modifies the award of damages by increasing the amounts of civil indemnity and moral damages to P75,000. Likewise, the Court imposes exemplary damages in the amount of P75,000.
WHEREFORE the appeal is DISMISSED. The Court of Appeals Decision dated May 29, 2013 in CA-G.R. CR H.C. No. 05322 is AFFIRMED with MODIFICATION that accused-appellant Tiwers Bacbac Luna is ordered to pay private complainant P75,000 as civil indemnity, P75,000 as moral damages, and P75,000 as exemplary damages for each count of rape.
(Jardeleza, J., no part, due to his prior action as Solicitor General; Perlas-Bernabe, J., designated additional Member per Raffle dated July 3, 2017.)
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. CA rollo, p. 130.
2.Rollo, pp. 19-20.
3.Id. at 29-31.
4.Id. at 21-23.
5. Penned by Associate Justice Jane Aurora C. Lantion and concurred by Associate Justices Vicente S. E. Veloso and Eduardo B. Peralta, Jr. ; id. at 2-13.
6.People v. Jugueta, G.R. No. 202124, April 5, 2016, 788 SCRA 331.