SECOND DIVISION
[G.R. No. 251244. July 1, 2020.]
P/INSP. JESSE QUESADA, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondents.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated01 July 2020which reads as follows:
"G.R. No. 251244 (P/Insp. Jesse Quesada v. People of the Philippines). — This is a Petition for Review on Certiorari1 under Rule 45 assailing the Decision 2 dated June 17, 2019 of the Court of Appeals (CA) in CA-G.R. CR-HC No. 11521 which affirmed the Decision 3 dated May 31, 2018 of the Regional Trial Court (RTC) of Agoo, La Union, Branch 31 in Criminal Case No. A-6225, with modification as to the award of damages.
Preliminarily, the Court notes that Quesada elevated the matter before the Court thru a petition for review on certiorari. As a general rule, appeals on criminal cases shall be brought to the Court by filing a petition for review on certiorari under Rule 45 of the Rules of Court; except when the CA imposed the penalty of "reclusion perpetua, life imprisonment or a lesser penalty," in which case, the appeal shall be made by a mere notice of appeal filed before the CA. 4 In this case, Quesada availed of a wrong mode of appeal by filing a petition for review on certiorari before the Court, despite having been sentenced by the CA of reclusion perpetua. Nonetheless, in the interest of substantial justice, the Court treats this petition as an ordinary appeal in order to resolve the substantive issue at hand with finality.
After a judicious study of the case, the Court resolves to DENY the instant petition and AFFIRM the Decision in toto dated 17 June 2019 and the Resolution 5 dated 12 December 2019 of the Court of Appeals in CA-G.R. CR-HC No. 11521 for failure of the petitioner P/Insp. Jessie I. Quesada to sufficiently show that the CA committed any reversible error in sustaining petitioner's conviction for Rape under Article 266-A of the Revised Penal Code, as amended by Republic Act 8353, in relation to Article 266-B of the Revised Penal Code, 6th paragraph nos. 2 & 7.
SO ORDERED." (J. Gaerlan, designated Additional Member per Special Order No. 2780 dated May 11, 2020.)
Very truly yours,
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 10-39.
2. Penned by Associate Justice Apolinario D. Bruselas, Jr., with Associate Justices Myra V. Garcia-Fernandez and Geraldine C. Fiel-Macaraig, concurring; id. at 211-234.
3. Penned by Executive Judge Romeo M. Atillo, Jr.; id. at 129-154.
4.Ramos v. People, 803 Phil. 775, 782 (2017).
5. Penned by Associate Justice Apolinario D. Bruselas, Jr., with Associate Justices Myra V. Garcia-Fernandez and Geraldine C. Fiel-Macaraig, concurring; rollo, pp. 254-255.