THIRD DIVISION
[G.R. No. 208827. March 14, 2016.]
DOUGLAS TATIL Y SY, petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated March 14, 2016, which reads as follows:
"G.R. No. 208827 (Douglas Tatil y Sy vs. People of the Philippines). — After a perusal of the records of the case, this Court resolves to DENY the instant petition 1 for failure of petitioner Douglas Tatil y Sy to sufficiently show any reversible error in the assailed Decision 2 dated December 17, 2012 and Resolution 3 dated August 16, 2013 of the Court of Appeals in CA-G.R. CR No. 34430.
To conform, however, to recent jurisprudence, this Court deems it proper to impose an interest of six percent (6%) per annum on all the damages awarded to the private complainant AAA 4 to be computed from the date of the finality of this Resolution until fully paid. 5
WHEREFORE, this Court ADOPTS and AFFIRMS the factual findings and conclusions of law in the Decision dated December 17, 2012 and Resolution dated August 16, 2013 of the Court of Appeals in CA-G.R. CR No. 34430: (a) holding Douglas Tatil y Sy GUILTY beyond reasonable doubt of the crime of Rape under Article 266-A, paragraph 2 of the Revised Penal Code, as amended by Republic Act No. 8353 or the Anti-Rape Law of 1997, in relation to Republic Act No. 7610 or The Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act; (b) imposing upon him the INDETERMINATE PENALTY of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal, as maximum; and (c) ordering the PAYMENT to the private complainant AAA of the sums of Thirty Thousand Pesos (P30,000.00) as civil indemnity and Thirty Thousand Pesos (P30,000.00) as moral damages. However, as MODIFICATION, this Court imposes an INTEREST of six percent (6%) per annum on all the damages awarded to be computed from the date of the finality of this Resolution until fully paid." (Jardeleza, J., no part in view of participation in the Office of the Solicitor General; Mendoza, J., designated Additional Member per Raffle dated December 17, 2014; Peralta, J., no part in view of the concurrence of his spouse in the assailed CA decision; Leonen, J., designated Additional Member per Raffle dated February 29, 2016.) DETACa
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. Rollo, pp. 7-19.
2. Penned by Associate Justice Francisco P. Acosta, with Associate Justices Fernanda Lampas-Peralta and Angelita A. Gacutan concurring; id. at 61-74.
3. Id. at 95.
4. The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family or household members shall not be disclosed to protect her privacy and fictitious initials shall, instead be used, in accordance with People v. Cabalquinto (533 Phil. 703 [2006]), and A.M. No. 04-11-09 SC dated September 19, 2006.
5. Please see Richard Ricalde v. People of the Philippines, G.R. No. 211002, January 21, 2015.