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THIRD DIVISION G.R. No. 185843 : March 3, 2010 PEOPLE OF THE PHILIPPINES, Appellee, vs. RONIE DE GUZMAN, Appellant. R E S O L U T I O N NACHURA, J.: This resolves the motion for extinguishment of the criminal action and reconsideration of our Resolution dated July 20, 2009 filed by appellant Ronie de Guzman.chanroblesvirtua|awlibary Appellant was indicted before the Regional Trial Court, Branch 163, Pasig City, for two counts of rape. He pled "not guilty" when arraigned. After pretrial and trial, the trial court found him guilty as charged and imposed on him the penalty of reclusion perpetua for each count. The trial court further ordered him to indemnify the victim On appeal, the Court of Appeals (CA) affirmed, in its Decision dated March 27, 2008, appellants conviction, but modified it with an additional award of Appellant elevated the case to this Court on appeal.chanroblesvirtua|awlibary In a Resolution dated July 20, 2009, we dismissed the appeal for failure of appellant to sufficiently show reversible error in the challenged decision as would warrant the exercise of the Courts appellate jurisdiction. Accordingly, the March 27, 2008 Decision of the CA was affirmed in toto.chanroblesvirtua|awlibary In the instant motion, appellant alleges that he and private complainant contracted marriage on August 19, 2009, solemnized by Reverend Lucas R. Dangatan of Jeruel Christ-Centered Ministries, Inc. at the Amazing Grace Christian Ministries, Inc., Bldg. XI-A, Bureau of Corrections, Muntinlupa City. Attached to the motion is the pertinent Certificate of Marriage In its Comment/Manifestation, The motion should be granted. In relation to Article 266-C of the RPC, Article 89 of the same Code reads ART. 89. How criminal liability is totally extinguished. Criminal liability is totally extinguished: x x x x 7. By the marriage of the offended woman, as provided in Article 344 of this Code. Article 344 of the same Code also provides ART. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape, and acts of lasciviousness. x x x.chanroblesvirtua|awlibary In cases of seduction, abduction, acts of lasciviousness, and rape, the marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. x x x.chanroblesvirtua|awlibary On several occasions, we applied these provisions to marriages contracted between the offender and the offended party in the crime of rape, Based on the documents, including copies of pictures WHEREFORE, the motion is GRANTED. Appellant Ronie de Guzman is ABSOLVED of the two (2) counts of rape against private complainant Juvilyn Velasco, on account of their subsequent marriage, and is ordered RELEASED from imprisonment.chanroblesvirtua|awlibary Let a copy of this Resolution be furnished the Bureau of Corrections for appropriate action. No costs. SO ORDERED. ANTONIO EDUARDO B. NACHURA WE CONCUR: RENATO C. CORONA
JOSE CATRAL MENDOZA A T T E S T A T I O N I attest that the conclusions in the above Resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division. RENATO C. CORONA C E R T I F I C A T I O N Pursuant to Section 13, Article VIII of the Constitution and the Division Chairperson's Attestation, I certify that the conclusions in the above Resolution had been reached in consultation before the case was assigned to the writer of the opinion of the Courts Division. REYNATO S. PUNO cralaw Endnotes:
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