SECOND DIVISION
[G.R. No. 213219. September 23, 2015.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIO TOMAMPO Y REMANDIMAN, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 23 September 2015which reads as follows:
"G.R. No. 213219: PEOPLE OF THE PHILIPPINES v. MARIO TOMAMPO Y REMANDIMAN.
After careful review of the case records, this court resolves to dismiss the appeal of accused-appellant Mario Tomampo y Remandiman 1 for failure to sufficiently show any reversible error in the assailed Court of Appeals Decision dated September 25, 2013 as to warrant the exercise of this court's appellate jurisdiction.
The imposable penalty for the crime of rape under paragraph 1 of Article 266-A in relation to Article 266-B of the Revised Penal Code is reclusion perpetua. 2 Accused-appellant is not eligible for parole in Criminal Case No. 4678 pursuant to Act No. 4103, known as the Indeterminate Sentence Law in relation to Section 3 of Republic Act No. 9346. 3
In line with current jurisprudence, 4 interest at the rate of 6% per annum should be imposed on all damages awarded from the date of the finality of this judgment until fully paid.
WHEREFORE, this court ADOPTS the findings of fact and conclusions of law in the September 25, 2013 Decision of the Court of Appeals in CA G.R. CEB CR HC No. 01029 and AFFIRMS the Court of Appeals Decision dated September 25, 2013 with MODIFICATION in that all damages awarded shall be subject to 6% legal interest per annum from the finality of this judgment until its full satisfaction.
SO ORDERED."
(Mendoza, J., on leave under the Court's Wellness Program from September 16 to 30, 2015; Peralta, J., designated as Acting Member per S.O. No. 2170 dated 10 September 2015.)
(Brion, J., on leave; Velasco, Jr., J., designated Acting Member per S.O. No. 2215 dated September 22, 2015.)
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. "Rimandiman" in some parts of the records.
2. REV. PEN. CODE, art. 266-B.
3. See A.M. No. 15-08-02-SC (2015), entitled Guidelines for the Proper Use of the Phrase "Without Eligibility for Parole" in Indivisible Penalties. See also Rep. Act No. 9346, entitled An Act Prohibiting the Imposition of Death Penalty in the Philippines (2005), sec. 3, which provides:
SEC. 3. Persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusionperpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
4. See People v. Famudulan, G.R. No. 212194, July 6, 2015 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/ju1y2015/212194.pdf> [Per J. Villarama, Jr., Third Division]; Ricalde v. People, G.R. No. 211002, January 21, 2015 <http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2015/january2015%211002.pdt> [Per J. Leonen, Second Division].