THIRD DIVISION
[G.R. No. 239636. June 26, 2019.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.JUNIE VIAJANTE y CANILLO, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJune 26, 2019, which reads as follows:
"G.R. No. 239636 (People of the Philippines v. Junie Viajante y Canillo). — Considering the allegations, issues and arguments presented in the Appellant's and the Appellee's Briefs, which the parties adopted instead of filing their respective Supplemental Appeal Briefs, the Court resolves to DISMISS the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated December 18, 2017, as to warrant the exercise of the Court's discretionary appellate jurisdiction.
However, in consonance with current jurisprudence, there is a need to modify the damages awarded in Criminal Case No. 07-30853 for Qualified Rape, and of the nomenclature of the offense, the penalty and the damages awarded in Criminal Case No. 07-30854 for Lascivious Conduct under Section 5 (b) of Republic Act (R.A.) No. 7610.
In light of People v. Jugueta, 1 the award of civil indemnity, moral damages and exemplary damages for the crime of qualified rape is P100,000.00 each. HTcADC
Meanwhile, in view of People v. Salvador Tulagan, 2 and considering that the victim of sexual assault is a 12-year-old child, who falls within the range of 12 years old and above but below 18 years old, the proper nomenclature of the offense is Lascivious Conduct under Section 5 (b) of R.A. 7610 — not Sexual Assault under Article 266-A, paragraph 2, in relation to Article 266-B of the Revised Penal Code — with the penalty of reclusion temporal medium to reclusion perpetua. Applying the Indeterminate Sentence Law, and considering the aggravating circumstance that appellant is the stepfather of the victim, the penalty should be imposed in its maximum period, 3 which is reclusion perpetua. With respect to the amount of damages, civil indemnity, moral damages and exemplary damages should be in the amount of P75,000.00 each, pursuant to Tulagan, plus the legal interest rate of six percent (6%) per annum from the finality of the Resolution until fully paid. Appellant is further ordered to pay a fine in the amount of P15,000.00, pursuant to Section 31 (f), 4 Article XII of R.A. No. 7610.
IN VIEW OF THE FOREGOING, the Court ADOPTS the findings of fact and conclusions of law in the Decision dated December 18, 2017 of the Court of Appeals in CA-G.R. CR H.C. No. 02114, and AFFIRMS with MODIFICATION the said Decision, finding appellant Junie Viajante y Canillo guilty beyond reasonable doubt of the following crimes, and ordering him to pay the victim damages, to wit:
(1) In Criminal Case No. 07-30853, one (1) count of Qualified Rape under Article 266-A, paragraph 1 (d), in relation to Article 266-B of the Revised Penal Code, as amended, for which Viajante is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole, and ordered to pay the victim P100,000.00 as civil indemnity, P100,000.00 as moral damages and P100,000.00 as exemplary damages; 5 and
(2) In Criminal Case No. 07-30854, one (1) count of Lascivious Conduct under Section 5 (b) of R.A. No. 7610, for which Viajante is sentenced to suffer reclusion perpetua, and to pay the victim P75,000.00 as civil indemnity, P75,000.00 as moral damages and P75,000.00 as exemplary damages, plus a fine of P15,000.00. CAIHTE
All damages awarded shall earn six percent (6%) per annum legal interest from the date of finality of this Resolution until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. 783 Phil. 806 (2016).
2. G.R. No. 227363, March 12, 2019.
3. R.A. No. 7610, Section 31. Common Penal Provisions. —
(a) The penalty provided under this Act shall be imposed in its maximum period if the offender has been previously convicted under this Act; x x x.
4. Section 31. Common Penal Provisions. —
xxx xxx xxx
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense.
5.People v. Jugueta, supra note 1.