SECOND DIVISION
[G.R. No. 252608. January 27, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. XXX, 1accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated27 January 2021which reads as follows:
"G.R. No. 252608 (People of the Philippines v. XXX). — The Court NOTES the separate manifestations (in lieu of supplemental briefs) of the Public Attorney's Office dated December 15, 2020 2 and of the Office of the Solicitor General dated January 6, 2021, 3 adopting their respective briefs filed before the Court of Appeals (CA) as supplemental briefs on the common ground that all matters pertinent to their cases have adequately been discussed in their respective briefs filed before the CA.
After a judicious study of the case, the Court resolves to DISMISS the appeal 4 for failure to sufficiently show that the CA committed any reversible error in the assailed Decision as to warrant the exercise of the Court's appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law in the Decision 5 dated October 23, 2019 of the CA in CA-G.R. CR-HC No. 09151 and AFFIRMS said Decision finding accused-appellant XXX GUILTY beyond reasonable doubt of the crime of Qualified Rape, as defined and penalized under Article 266-A, in relation to Article 266-B of the Revised Penal Code. 6 Accordingly, he is sentenced to suffer the penalty of reclusion perpetua without eligibility for parole and 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. In addition, all monetary awards shall earn legal interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until full payment. 7 HTcADC
SO ORDERED. (Lopez, J., J., designated additional member per Special Order No. 2813 dated January 26, 2021)."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to RA 7610, entitled 'AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, AND FOR OTHER PURPOSES,' approved on June 17, 1992; RA 9262, entitled 'AN ACT DEFINING VIOLENCE AGAINST WOMEN AND CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES,' approved on March 8, 2004; and Section 40 of A.M. No. 04-10-11-SC, otherwise known as the 'Rule on Violence against Women and Their Children' (November 15, 2004). (See footnote 4 in People v. Cadano, Jr., 729 Phil. 576, 578 [2014], citing People v. Lomaque, 710 Phil. 338, 342 [2013]. See also Amended Administrative Circular No. 83-2015, entitled 'PROTOCOLS AND PROCEDURES IN THE PROMULGATION, PUBLICATION, AND POSTING ON THE WEBSITES OF DECISIONS, FINAL RESOLUTIONS, AND FINAL ORDERS USING FICTITIOUS NAMES/PERSONAL CIRCUMSTANCES,' dated September 5, 2017.)
2.Rollo, pp. 23-27.
3.Id. at 28-31.
4.Id. at 18-20.
5.Id. at 3-17. Penned by Associate Justice Maria Elisa Sempio Diy with Associate Justices Priscilla J. Baltazar-Padilla (now retired member of the Court) and Walter S. Ong, concurring.
6. Entitled 'AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS,' approved on December 8, 1930.
7.Rollo, p. 16.