Sabado, Jr. v. People
This is a criminal case, G.R. No. 249483, decided by the Third Division of the Supreme Court on February 3, 2020. The case involves petitioner Domingo U. Sabado, Jr., who sought to reverse and set aside the April 22, 2019 Decision and September 19, 2019 Resolution of the Court of Appeals (CA) in CA-G.R. CR No. 39743, affirming his conviction by the Regional Trial Court for acts of lasciviousness. The Supreme Court denied the petition for failure to show any reversible error on the part of the CA. The Court found that all the elements of acts of lasciviousness were proven by the prosecution beyond reasonable doubt. However, the Court modified the amount of damages awarded to conform with prevailing jurisprudence, ordering the petitioner to pay the victim P20,000.00 as moral damages, P20,000.00 as civil indemnity, and P20,000.00 as exemplary damages, with all awards for damages earning interest at the legal rate of six percent (6%) per annum from the date of finality of the judgment until fully paid.
ADVERTISEMENT
THIRD DIVISION
[G.R. No. 249483. February 3, 2020.]
DOMINGO U. SABADO, JR., petitioner, vs.PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedFebruary 3, 2020, which reads as follows:
"G.R. No. 249483 (Domingo U. Sabado, Jr. v. People of the Philippines). — Petitioner's motion for an extension of thirty (30) days within which to file a petition for review on certiorari is GRANTED, counted from the expiration of the reglementary period.
The instant petition seeks to reverse and set aside the April 22, 2019 Decision 1 and September 19, 2019 Resolution 2 of the Court of Appeals (CA) in CA-G.R. CR No. 39743.
After carefully reviewing the allegations, issues and arguments raised in the instant petition, the Court hereby resolves to DENY the same for failure of the petitioner to show any reversible error on the part of the CA in affirming his conviction by the Regional Trial Court. The CA was correct in finding that all the elements of acts of lasciviousness were proven by the prosecution beyond reasonable doubt. The alleged inconsistency in the testimony of the victim was correctly found by the CA to be minor, and does not discredit the victim as a witness. ACTIHa
The amount of damages awarded, however, should be adjusted to conform with prevailing jurisprudence. 3
WHEREFORE, the petition is hereby DENIED. The April 22, 2019 Decision and September 19, 2019 Resolution of the Court of Appeals in CA-G.R. CR No. 39743 are hereby AFFIRMED with MODIFICATION as to the amount of damages awarded. Petitioner is hereby ORDERED to PAY the victim the amounts of P20,000.00 as moral damages, P20,000.00 as civil indemnity, and P20,000.00 as exemplary damages. All awards for damages shall earn interest at the legal rate of six percent (6%) per annum from the date of finality of this judgment until fully paid. 4 TIEHDC
SO ORDERED."
Very truly yours,
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1.Rollo, pp. 32-42; penned by Associate Justice Ronaldo Roberto B. Martin with Associate Justices Ramon M. Bato, Jr. and Ramon A. Cruz, concurring.
2.Id. at 44-45.
3. See People v. Tulagan, G.R. No. 227363, March 12, 2019.
4.Nacar v. Gallery Frames, 716 Phil. 267 (2013).
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