July 2008 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions > Year 2008 > July 2008 Resolutions >
[G.R. NO. 173053 : July 08, 2008] PEOPLE OF THE PHILIPPINES V. FLORENTINO ANGELES :
[G.R. NO. 173053 : July 08, 2008]
PEOPLE OF THE PHILIPPINES V. FLORENTINO ANGELES
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated July 08, 2008
G.R. NO. 173053 (PEOPLE OF THE PHILIPPINES V. FLORENTINO ANGELES). - Considering the allegations, issues, and arguments adduced in the appeal, the Court resolves DISMISS the appeal for failure to sufficiently show reversible error in the assailed decision to warrant the exercise of the Court�s discretionary appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and Conclusions of law in the Decision dated 12 January 2006 of the Court of Appeals in CA-G.R. CR-HC No. 01474. affirming the decision of the trial Court finding appellant Florentino Angeles guilty beyond reasonable doubt Of three (3) counts of rape[1] in Criminal Case Nos. Q-98-79685, Q-98-79689, And q-97-71850. The Court AFFIRMS said Decision with the following MODIFICATIONS:
G.R. NO. 173053 (PEOPLE OF THE PHILIPPINES V. FLORENTINO ANGELES). - Considering the allegations, issues, and arguments adduced in the appeal, the Court resolves DISMISS the appeal for failure to sufficiently show reversible error in the assailed decision to warrant the exercise of the Court�s discretionary appellate jurisdiction.
WHEREFORE, the Court ADOPTS the findings of fact and Conclusions of law in the Decision dated 12 January 2006 of the Court of Appeals in CA-G.R. CR-HC No. 01474. affirming the decision of the trial Court finding appellant Florentino Angeles guilty beyond reasonable doubt Of three (3) counts of rape[1] in Criminal Case Nos. Q-98-79685, Q-98-79689, And q-97-71850. The Court AFFIRMS said Decision with the following MODIFICATIONS:
- that the penalty of death imposed be reduced to reclusion perpetua without eligibility for parole, pursuant to Republic Act No. 9346; and
- in conformity with prevailing jurisprudence, the award of moral damages of each of the three (3) counts of rape should be increased from P50,000 to P75,000, and exemplary damages in the amount of P25,000 should be awarded due to the presence of the qualifying circumstances of minority and relationship.[2]
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Clerk of Court
Endnotes:
[1] Qualified by minority and relationship.
[2] People v. Audine, G.R. No. 168649, December 6, 2008, 510 SCRA 531.