March 2009 - Philippine Supreme Court Resolutions
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[G.R. No. 182919 : March 11, 2009] PEOPLE OF THE PHILIPPINES V. RICKY ILAGAN Y UMALI AND ROMMEL ILAGAN Y UMALI :
[G.R. No. 182919 : March 11, 2009]
PEOPLE OF THE PHILIPPINES V. RICKY ILAGAN Y UMALI AND ROMMEL ILAGAN Y UMALI
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the First Division of this Court dated 11 March 2009
G.R. No. 82919 (PEOPLE OF THE PHILIPPINES v. RICKY ILAGAN y UMALI and ROMMEL ILAGAN y UMALI)
Considering the allegations, issues and arguments adduced in the appeal, the Court ADOPTS the findings of fact and conclusions of law in the Decision promulgated on 16 January 2008 of the Court of Appeals in CA-G.R. CR-HC No. 02513 finding Rommel Ilagan guilty beyond reasonable doubt of two counts of rape committed under paragraph l(d), Article 266-A in relation to paragraph 6(1), Article 266-B of the Revised Penal Code in Criminal Case Nos. 01-5178-M and 01-5179-M, and finding Ricky Ilagan guilty beyond reasonable doubt of the crime of rape committed under paragraph l(d), Article 266-A in relation to. paragraph 6(1), Article 266-B of the Revised Penal Code in Criminal Case No. 01-5177-M, and AFFIRMS said Decision with MODIFICATION following prevailing jurisprudence:
SO ORDERED.
WITNESS the Honorable Justice Consuelo Ynares-Santiago, Additional Member [per S.O. No. 584], Honorable Justice Antonio T. Carpio, Acting Chairperson [per S.O. No. 583], Honorable Justices Renato C. Corona and Teresita Leonardo de Castro, Members, and Honorable Justice Arturo D. Brion, Additional Member [per S.O. No. 570], First Division, this 11th day of March, 2009.
G.R. No. 82919 (PEOPLE OF THE PHILIPPINES v. RICKY ILAGAN y UMALI and ROMMEL ILAGAN y UMALI)
Considering the allegations, issues and arguments adduced in the appeal, the Court ADOPTS the findings of fact and conclusions of law in the Decision promulgated on 16 January 2008 of the Court of Appeals in CA-G.R. CR-HC No. 02513 finding Rommel Ilagan guilty beyond reasonable doubt of two counts of rape committed under paragraph l(d), Article 266-A in relation to paragraph 6(1), Article 266-B of the Revised Penal Code in Criminal Case Nos. 01-5178-M and 01-5179-M, and finding Ricky Ilagan guilty beyond reasonable doubt of the crime of rape committed under paragraph l(d), Article 266-A in relation to. paragraph 6(1), Article 266-B of the Revised Penal Code in Criminal Case No. 01-5177-M, and AFFIRMS said Decision with MODIFICATION following prevailing jurisprudence:
1) In Criminal Case Nos. 01-5178-M and 01-5179-M, the award of moral damages is increased to P75,000 for each crime of rape committed by Rommel Ilagan; further, Rommel Ilagan is ordered to pay the victim P25,000 as exemplary damages for each crime of
rape; and
2) In Criminal Case No. 01-5177-M, the award of moral damages is increased to P75,000 for the rape committed by Ricky Ilagan; further, Ricky Ilagan is ordered to pay the victim P25,000 as exemplary damages.
SO ORDERED.
WITNESS the Honorable Justice Consuelo Ynares-Santiago, Additional Member [per S.O. No. 584], Honorable Justice Antonio T. Carpio, Acting Chairperson [per S.O. No. 583], Honorable Justices Renato C. Corona and Teresita Leonardo de Castro, Members, and Honorable Justice Arturo D. Brion, Additional Member [per S.O. No. 570], First Division, this 11th day of March, 2009.
Very truly yours,
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
First Division
(Sgd.) ENRIQUETA ESGUERRA-VIDAL
Clerk of Court
First Division