SECOND DIVISION
[G.R. No. 257322. February 16, 2022.]
XXX, 1petitioner,vs. PEOPLE OF THE PHILIPPINES, respondent.
NOTICE
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 16 February 2022 which reads as follows:
"G.R. No. 257322 (XXX v. People of the Philippines). — After a judicious review of the records, the Court resolves to DENY petitioner XXX Petition for Review on Certiorari dated April 29, 2021 for failure to sufficiently show that the Court of Appeals committed any reversible error in its Decision 2 dated July 15, 2020 and the Resolution 3 dated February 19, 2021, which affirmed with modification the Decision 4 dated January 5, 2019 issued by the Regional Trial Court (RTC), Branch 68, _________, Pangasinan, finding XXX guilty beyond reasonable doubt of violation of acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5 (b), Republic Act No. 7610.
However, there is a need to modify the damages awarded to the victim. In line with the Court's ruling in People v. Tulagan, 5 the proper amounts should be P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages, plus interest of six percent (6%) per annum on all monetary awards from the date of finality of judgment until they are fully paid.
WHEREFORE, the Decision dated July 15, 2020 of the Court of Appeals in CA-G.R. CR No. 42829 is AFFIRMED with MODIFICATION. XXX is found GUILTY beyond reasonable doubt of violation of Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5 (b), Republic Act No. 7610, and is hereby sentenced to suffer the indeterminate penalty of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal minimum, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal medium,asmaximum. He is further ordered to pay AAA the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages.
All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of this Resolution until its full satisfaction.
SO ORDERED." aScITE
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1. Pursuant to Supreme Court Amended Administrative Circular No. 83-2015, the personal circumstances and other information which tend to establish or compromise the identity of the victim, including the names of her family members or relatives, and the barangay and town where the incidents occurred, are withheld. The names of the victim and her family members or relatives are replaced with fictitious initials. Likewise, the real name of petitioner is replaced with fictitious initials by reason of his relationship to the minor victim.
2.Rollo, pp. 27-44; Penned by Associate Justice Apolinario D. Bruselas, Jr. with Associate Justices Pedro B. Corales and Alfredo D. Ampuan concurring.
3.Id. at 46-47.
4.Id. at 63-72; penned by Judge Maria Laarni R. Parayno.
5. G.R. No. 227363, March 12, 2019.