FIRST DIVISION
[G.R. No. 242477. September 2, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.NOEL VERGARA y SARMIENTO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedSeptember 2, 2019which reads as follows:
"G.R. No. 242477 (People of the Philippines v. Noel Vergara y Sarmiento). — After review, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its Decision as to warrant the exercise of the Court's appellate jurisdiction.
In line with Our recent Decision in People v. Tulagan, 1 however, the proper nomenclature of the offense in Criminal Case No. 13-0932 is not rape through sexual assault under Article 266-A, paragraph 1 (b) 2 of the Revised Penal Code, but lascivious conduct under Section 5 (b) 3 of Republic Act No. 7610. 4 The imposable penalty is reclusiontemporal in its medium period to reclusionperpetua.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated March 22, 2018 of the Court of Appeals in CA-G.R. CR-H.C. No. 08418. The Decision of the Court of Appeals is AFFIRMED with MODIFICATIONS. The Court finds accused-appellant Noel Vergara y Sarmiento:
1) GUILTY beyond reasonable doubt of the crime of rape under Article 266-A, paragraph 1 (a) of the Revised Penal Code and is sentenced to suffer the penalty of reclusionperpetua without eligibility for parole. Accused-appellant is ORDERED to PAY AAA the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages.
2) GUILTY beyond reasonable doubt of the crime of lascivious conduct under Section 5 (b) of Republic Act No. 7610 and is sentenced to suffer the indeterminate penalty of ten (10) years and one (1) day of prisionmayor, as minimum, to seventeen (17) years, four (4) months, and one (1) day of reclusiontemporal, as maximum. 5 Conformably with People v. Tulagan, 6 We increase the award for damages. Accused-appellant is ORDERED to PAY AAA the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages.
Legal interest at the rate of 6% per annum shall be imposed on all damages awarded computed from the finality of this Resolution until their full satisfaction. 7
The Office of the Solicitor General's manifestation and motion, pursuant to the Resolution dated January 28, 2019, and the accused-appellant's manifestation (in lieu of a supplemental brief), also pursuant to the Resolution dated January 28, 2019, are both NOTED.
SO ORDERED."
Very truly yours,
(SGD.) LIBRADA C. BUENADivision Clerk of Court
Footnotes
1. G.R. No. 227363, March 12, 2019.
2.Rape, When and How Committed. — Rape is Committed —
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b) When the offended party is deprived of reason or otherwise unconscious.
3. Sec. 5. Child Prostitution and Other Sexual Abuse. — Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusionperpetua shall be imposed upon the following:
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(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period; x x x
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4. Special Protection of Children against Abuse, Exploitation and Discrimination Act.
5.Orsos v. People of the Philippines, G.R. No. 214673, November 20, 2017, 845 SCRA 150.
6.People v. Tulagan, supra note 1.
7.Id.