ADVERTISEMENT
THIRD DIVISION
[G.R. No. 246479. November 10, 2021.][Formerly Criminal Case Nos. 13-212, 13-342, 13-343, 13-344, 13-345]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.XXX, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedNovember 10, 2021, which reads as follows:
"G.R. No. 246479 (PEOPLE OF THE PHILIPPINES, plaintiff-appellee v. XXX CA-G.R. CR-HC No. 09084 [Formerly Criminal Case Nos. 13-212, 13-342, 13-343, 13-344, 13-345], accused-appellant.) — The Court of Appeals elevated the records of this case to this Court pursuant to its Resolution, which gave due course to the Notice of Appeal 1 filed by accused-appellant Jessie Abela y Bon a.k.a. Jessie Abila y Bon.
In its June 3, 2019 Resolution, 2 this Court noted the records of this case forwarded by the Court of Appeals and required the parties to file their respective supplemental briefs.
In its November 6, 2019 Resolution, 3 this Court noted the separate Manifestations filed by the Office of the Solicitor General, 4 on behalf of plaintiff-appellee People of the Philippines, and accused-appellant, 5 stating that they would no longer file supplemental briefs.
After an evaluation of the case records, this Court resolves to dismiss the appeal of accused-appellant for his failure to sufficiently show any reversible error in the assailed Decision 6 of the Court of Appeals as to warrant the exercise of this Court's appellate jurisdiction.
WHEREFORE, the Court of Appeals' October 5, 2018 Decision in CA-G.R. CR-HC No. 09084 is AFFIRMED with MODIFICATIONS. aDSIHc
In Criminal Case Nos. 13-212 and 13-342, accused-appellant Jessie Abela y Bon a.k.a. Jessie Abila y Bon is found GUILTY beyond reasonable doubt of two counts of qualified rape, punished under Article 266-B of the Revised Penal Code, and is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole. For each count, he is ORDERED to pay AAA civil indemnity, moral damages, and exemplary damages worth P100,000.00 each. 7
In Criminal Case No. 13-344, accused-appellant Jessie Abela y Bon a.k.a. Jessie Abila y Bon is likewise found GUILTY beyond reasonable doubt of violating Republic Act No. 7610, Section 5 (b), and is sentenced to suffer the penalty of imprisonment of 12 years, 10 months and 21 days of reclusion temporal, to 17 years of reclusion temporal. He is ORDERED to pay AAA civil indemnity and moral damages worth P50,000.00 each. 8
Finally, in Criminal Case No. 13-345, accused-appellant Jessie Abela y Bon a.k.a. Jessie Abila y Bon is found GUILTY beyond reasonable doubt of violating Article 256 (2) of the Revised Penal Code and is sentenced to suffer 6 years of prision correccional as minimum to 12 years of prision mayor as maximum.
All damages awarded shall be subject to interest at the rate of 6% per annum from the finality of this Resolution until their full satisfaction. 9
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, pp. 20-22.
2.Id. at 26-27.
3.Id. at 40-A-40-B.
4.Id. at 28-29.
5.Id. at 36-38.
6.Id. at 4-19. The October 5, 2018 Decision in CA-G.R. CR-HC No. 09084 was penned by Associate Justice Germano Francisco D. Legaspi, and concurred in by Associate Justices Samuel H. Gaerlan (now a member of this Court) and Ramon A. Cruz of the Special Ninth Division of the Court of Appeals, Manila.
7.People v. Jugueta, 783 Phil. 806 (2016) [Per J. Peralta, En Banc].
8.People v. Tulagan, G.R. No. 227363, March 12, 2019 <https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65020> [Per J. Peralta, En Banc].
9.Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].