THIRD DIVISION
[G.R. No. 256697. March 14, 2022.]
RHODERICK SAN DIEGO y SAKING, petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedMarch 14, 2022, which reads as follows:
"G.R. No. 256697 — (RHODERICK SAN DIEGO y SAKING, petitioner v. PEOPLE OF THE PHILIPPINES, respondent). — This Court resolves the Petition for Review on Certiorari1 filed by Rhoderick San Diego y Saking (San Diego) assailing the Decision 2 and Resolution 3 of the Court of Appeals for failure to sufficiently show any reversible error in the assailed decision.
This Court affirms the conviction subject to modification of its nomenclature to Sexual Assault under Article 266-A, paragraph 2 of the Revised Penal Code, in relation to Section 5 (b) of Republic Act No. 7610, 4 pursuant to People v. Tulagan. 5
The penalty imposed is likewise modified to reclusion temporal in its medium period, under Article III, Section 5 (b) of Republic Act No. 7610, which ranges from 14 years, 8 months and 1 day to 17 years and 4 months. Applying the Indeterminate Sentence Law, San Diego is sentenced to suffer the indeterminate penalty of 12 years, 10 months, and 21 days of reclusion temporal, as minimum, to 15 years, 6 months, and 20 days of reclusion temporal, as maximum.
We modify the award of civil indemnity, moral damages, and exemplary damages to P50,000.00 each pursuant to Tulagan.
WHEREFORE, the Petition is DENIED. The Decision dated October 22, 2020 and Resolution dated May 31, 2021 of the Court of Appeals are AFFIRMED with MODIFICATION. Petitioner Rhoderick San Diego y Saking is found GUILTY beyond reasonable doubt of the crime of Sexual Assault under Article 266-A, paragraph 2 of the Revised Penal Code, in relation to Section 5 (b) of Republic Act No. 7610. Petitioner is hereby sentenced to suffer the indeterminate penalty of imprisonment for 12 years, 10 months, and 21 days of reclusion temporal, as minimum, to 15 years, 6 months, and 20 days of reclusion temporal, as maximum. Further, petitioner is ordered to pay private complainant civil indemnity, moral damages, and exemplary damages worth P50,000.00 each. CAIHTE
Interest at the legal rate of 6% per annum shall be imposed on all damages awarded from the date of finality of the judgment until fully paid. 6
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court
Footnotes
1. Rollo, pp. 12-32.
2. Id. at 34-48; The October 22, 2020 Decision in CA-G.R CR No. 43358 was penned by Associate Justice Ruben Reynaldo G. Roxas and concurred in by Associate Justices Myra V. Garcia-Fernandez and Florencio M. Mamaug Jr. of the Special Sixteenth Division of the Court of Appeals, Manila.
3. Id. at 50-51. The May 31, 2021 Resolution in CA-G.R. CR No. 43358 was penned by Associate Justice Ruben Reynaldo G. Roxas and concurred in by Associate Justices Myra V. Garcia-Fernandez and Florencio M. Mamauag Jr. of the Former Special Sixteenth Division of the Court of Appeals, Manila.
4. An Act providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its violation, and for other purposes.
5. G.R. No. 227363, March 12, 2019 <https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/65020> [Per J. Peralta, En Banc].
6. Nacar v. Gallery Frames, 716 Phil. 267 (2013) [Per J. Peralta, En Banc].