January 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 172469 : January 11, 2010] THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE VERSUS WALTER ED BACCAY Y POVADORA, ACCUSED-APPELLANT :
[G.R. No. 172469 : January 11, 2010]
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE VERSUS WALTER ED BACCAY Y POVADORA, ACCUSED-APPELLANT
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 11 January 2010:
G.R. No. 172469 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee versus WALTER ED BACCAY y POVADORA, Accused-Appellant.
After considering the allegations, issues, and arguments raised in the present appeal, we find no reversible error committed by the Court of Appeals in its findings and, accordingly, resolve to AFFIRM with MODIFICATION the appealed decision.
We order the appellant to further pay the victim the amount of �30,000.00 as exemplary damages in accordance with recent jurisprudence articulated in People v. Ca�ada (G.R. No. 175317, October 2, 2009); People v. Jumawid (G.R. No. 184756, June 5, 2009); and People v. Anguac (G.R. No. 176744, June 5, 2009).
WHEREFORE, premises considered, the Court ADOPTS the findings of fact and conclusions of law in the decision dated August 8, 2005 of the Court of Appeals in CA-G.R. CR-HC No. 00187 which we hereby AFFIRM, subject to the MODIFICATION that the appellant is further ORDERED TO PAY the victim the amount of P30,000.00 as exemplary damages.
SO ORDERED.
WITNESS the Honorable Antonio T. Carpio, Chairperson, Honorable Arturo D. Brion, Mariano C. Del Castillo, Roberto A. Abad and Jose P. Perez, Members, Second Division, this 11th day of January, 2010.
G.R. No. 172469 - THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee versus WALTER ED BACCAY y POVADORA, Accused-Appellant.
After considering the allegations, issues, and arguments raised in the present appeal, we find no reversible error committed by the Court of Appeals in its findings and, accordingly, resolve to AFFIRM with MODIFICATION the appealed decision.
We order the appellant to further pay the victim the amount of �30,000.00 as exemplary damages in accordance with recent jurisprudence articulated in People v. Ca�ada (G.R. No. 175317, October 2, 2009); People v. Jumawid (G.R. No. 184756, June 5, 2009); and People v. Anguac (G.R. No. 176744, June 5, 2009).
WHEREFORE, premises considered, the Court ADOPTS the findings of fact and conclusions of law in the decision dated August 8, 2005 of the Court of Appeals in CA-G.R. CR-HC No. 00187 which we hereby AFFIRM, subject to the MODIFICATION that the appellant is further ORDERED TO PAY the victim the amount of P30,000.00 as exemplary damages.
SO ORDERED.
WITNESS the Honorable Antonio T. Carpio, Chairperson, Honorable Arturo D. Brion, Mariano C. Del Castillo, Roberto A. Abad and Jose P. Perez, Members, Second Division, this 11th day of January, 2010.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court