Philippine Supreme Court Resolutions > Year 2008 > February 2008 Resolutions > [G.R. No. 177985 : February 06, 2008] PEOPLE OF THE PHILIPPINES V. RAUL CAABAY Y VERTUDAZO :

Quoted hereunder, for your information, is a resolution of this Court dated 06 February 2008:

G.R. No. 177985 (People of the Philippines v. Raul Caabay y Vertudazo)

This is an appeal from the February 14, 2007 Decision of the Court of Appeals (CA) in CA-G.R. HC CR No. 00009 (00104) entitled People of the Philippines v. Raul Caabay which affirmed the August 22, 2001 Decision of the Iligan City Regional Trial Court (RTC), Branch 6 in Criminal Case No. 06-7674 and Criminal Case Nos. 06-7855-58. The dispositive portion of the RTC Decision reads:

WHEREFORE, the court finds the accused Raul Caabay y Vertudazo GUILTY beyond reasonable doubt of five (5) counts of qualified rape defined and penalized in Art. 266-A, par. (1) in relation to Art. 266-B, sub par. 1 of the Revised Penal Code as amended by R.A. No. 8353 and hereby imposes upon him the supreme penalty of death by lethal injection in each of the Crim. Case No. 06-7674; Crim. Case No. 06-7855; Crira. Case No. 06-7856; Crim. Case No. 06-7857 and Crim. Case No. 06-7858 with the accessory penalties prescribed by law in case of commutation or pardon and to indemnify the offended party x x x the amount of [PhP] 100,000 for moral and exemplary damages without subsidiary imprisonment in case of insolvency in the event of commutation.

x x x x.

SO ORDERED.^[1]

On appeal, the CA, in its February 14, 2007 Decision, disposed of the case as follows:

WHEREFORE, premises considered, the (Joint) Decision dated August 22, 2001 of the Regional Trial Court is accordingly AFFIRMED with MODIFICATIONS. It shall now read as follows:

WHEREFORE, the court finds the accused Raul Caabay y Vertudazo GUILTY beyond reasonable doubt of five (5) counts of qualified rape defined and penalized in Art. 266-A, par. (1) in relation to Art. 266-B, sub par. 1 of the Revised Penal Code as amended by R.A. No. 8353 and hereby imposes upon him the penalty of reclusion perpetua in each of the Crim. Case No. 06-7674; Crim. Case No. 06-7855; Crim. Case No. 06-7856; Crim. Case No. 06-7857 and Crim. Case No. 06-7858 with the accessory penalties prescribed by law in case of commutation or pardon and to indemnify the offended party x x x the amount of [PhP] 50,000.00 for each of the five (5) counts of rape or [PhP] 250,000.00 as moral damages; [PhP] 50,000.00 for each of the five (5) counts or [PhP] 250,000.00 representing the civil indemnity and [PhP] 25,000.00 for each count or [PhP] 125,000.00 as exemplary damages without subsidiary imprisonment in case of insolvency in the event of commutation.

x x x x

Costs against the accused.^[2]

On September 3, 2001, this Court required the parties to submit supplemental briefs, if they so desired. The parties manifested their willingness to submit the case on the basis of the records already submitted.

Considering the allegations, issues, and arguments adduced in the appeal, the Court resolves to ADOPT the findings of fact and conclusions of law in the February 14, 2007 CA Decision in CA-G.R. HC CR No. 00009 (00104).

WHEREFORE, the instant appeal is DISMISSED for failure to sufficiently show reversible error in the assailed decision.

SO ORDERED.

Endnotes:

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^[1] CA rollo, p. 47.

^[2] Rollo, pp. 24-25.