THIRD DIVISION
[G.R. No. 205336. August 28, 2013.]
PEOPLE OF THE PHILIPPINES, petitioner, vs. RICARDO VILLON, JR. Y CABRERA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated August 28, 2013, which reads as follows:
"G.R. No. 205336 (People of the Philippines vs. Ricardo Villon, Jr. y Cabrera). — Considering the allegations, issues and arguments presented, 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 April 30, 2012 as to warrant the exercise of the Court's appellate jurisdiction.
For Criminal Case No. 5878 (Violation of Section 5 [b] of Republic Act No. 7610), however, applying the Indeterminate Sentence Law, the maximum term of the sentence is modified to seventeen (17) years, four (4) months and one (1) day of reclusion temporal. And in light of the Court's ruling in Garingarao v. People, 1 the amount of fine is reduced to PhP15,000, and an award of PhP15,000 as moral damages, as well as PhP20,000 as civil indemnity, are imposed. For Criminal Case No. 5879 (Rape), in line with current jurisprudence, the award of exemplary damages is increased to PhP30,000 and an interest of six percent (6%) per annum on all damages awarded from the finality of the Court's Resolution until full payment is also imposed. 2
IN VIEW OF THE FOREGOING, the April 30, 2012 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 04283 is hereby AFFIRMED with MODIFICATION. Accused-appellant Ricardo Villon, Jr. y Cabrera is found guilty beyond reasonable doubt of the crimes of Violation of Sec. 5 (b) of Republic Act No. (RA) 7610 and Rape under Article 266-A, paragraph 1 (a) of the Revised Penal Code. For Criminal Case No. 5878 (Violation of Sec. 5 (b) of RA 7610), he is sentenced to suffer the indeterminate penalty of 12 years and one day of reclusion temporal, as minimum, to 17 years, 4 months and 1 day of reclusion temporal, as maximum, and to pay the victim the amount of PhP15,000 as moral damages and PhP20,000 civil indemnity. The amount of fine is reduced to PhP15,000. For Criminal Case No. 5879 (Rape), he is sentenced to suffer the penalty of reclusion perpetua and to pay AAA PhP50,000 as civil indemnity and PhP50,000 as moral damages. The award of exemplary damages is increased to PhP30,000. For both cases, an interest of 6% per annum is imposed on all awards of damages from the finality of this Resolution until fully paid.
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1.654 SCRA 243, 255.
2.People v. Alverio, 645 SCRA 658, 670.