Philippine Supreme Court Resolutions

G.R. No. 195532 (PEOPLE OF THE PHILIPPINES v. JERRY BACANI y MARTIN). - Considering the allegations, issues and arguments presented, the Court resolves to DENY the appeal for failure to sufficiently show that the Court of Appeals committed any reversible error in its assailed Decision dated August 26, 2010 as to warrant the exercise of the Court's appellate jurisdiction.

The aforementioned August 26, 2010 Decision is, however, subject to amendment by awarding PhP 30,000 as exemplary damages in line with prevailing jurisprudence.^[1]  Moreover, interest of six percent (6%) per annum should be imposed on the civil indemnity, moral and exemplary damages from finality of this judgment until paid.cralaw

IN VIEW OF THE FOREGOING, the August 26, 2010 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 03548 is hereby AFFIRMED with MODIFICATION. Accused-Appellant Jerry Bacani is found guilty beyond reasonable doubt of Rape and sentenced to suffer the penalty of reclusion perpetua. He is also ordered to pay the private complainant PhP 50,000 as civil indemnity, PhP 50,000 as moral damages, and PhP 30,000 as exemplary damages, with interest of six percent (6%) per annum on all awards of damages from the finality of judgment until fully paid.

SO ORDERED.

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court

Endnotes:

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^[1] People v. Combate, G.R. No. 189301, December 15, 2010, 638 SCRA 797.